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UNIVERSITY  of  CALIFORNIA 

AT 

LOS  ANGELES 
LIBRARY 


THE    LIFE 


OF 


ROGER    SHERMAN 


THE    LIFE 


OF 


ROGER  SHERMAN 


BY 


LEWIS   HENRY   BOUTELL 


CHICAGO 

A.  C.  McCLURG   AND   COMPANY 
1896 


93545 


COPYRIGHT 
BY  A.  C.  MCCLURG  AND  Co. 

A.D.    1896 


El 


TO 


HON.  GEORGE   FRISBIE   HOAR, 

IN   ACKNOWLEDGMENT  OF   THE   RESEARCHES   WHICH    HAVE 

MADE     THIS     MEMOIR     POSSIBLE,    AND     IN     TOKEN 

OF  THE   HIGHEST   REGARD   FOR   HIS  PUBLIC 

SERVICES   AND    PRIVATE   CHARACTER, 

2H)ts  ILffc  of  i)is  (SranUfatljfr 

IS,   WITH   AFFECTIONATE   ESTEEM,  RESPECTFULLY 
DEDICATED. 


918U/11 


PREFACE. 


IN  1823,  a  brief  memoir  of  Roger  Sherman  was 
published  in  Sanderson's  Lives  of  the  Signers  of 
the  Declaration  of  Independence.  Gov.  Roger  S. 
Baldwin,  a  grandson  of  Roger  Sherman,  in  a  letter 
dated  May  2,  1855,  says  of  this  memoir:  "  It  was 
prepared  in  part  by  Robert  Wain,  Jr.,  of  Philadel- 
phia, with  whom  I  was  in  correspondence,  and  in 
part  by  the  late  Jeremiah  Evarts,  Esq.,  of  Boston 
(father  of  William  M.  Evarts,  Esq.,  of  New  York), 
who  married  a  daughter  of  Mr.  Sherman,  and 
gives,  I  think,  a  just  view  of  his  life  and  character 
and  public  services."  Robert  Wain,  Jr.,  was,  when 
this  memoir  was  prepared,  the  editor  of  Sander- 
son's Lives.  This  memoir  was  necessarily  brief,  to 
conform  to  the  plan  of  Sanderson's  book.  The 
materials  for  a  complete  biography  of  Mr.  Sher- 
man were  not  then  accessible,  especially  Madison's 
report  of  the  Debates  in  the  Constitutional  Con- 
vention of  1787. 

Mr.  Sherman  left,  at  his  death,  a  large  mass  of 
papers.  They  were  supposed  to  be  in  the  posses- 
sion of  his  son  Oliver,  a  merchant  in  Boston,  who 
died  unmarried,  in  Havana,  in  1820;  but  as  very 


vi  PREFACE. 

few  of  them  have  been  found,  it  is  supposed  the 
rest  were  lost  or  destroyed.  A  part  of  them  are 
in  the  collections  of  the  Massachusetts  Historical 
Society.  Some  years  ago,  Hon.  George  F.  Hoar, 
a  grandson  of  Roger  Sherman,  began  making  a 
collection  of  letters  and  documents  relating  to  his 
grandfather,  from  all  known  sources.  By  the  sum- 
mer of  1895,  ne  expected  to  begin  the  preparation 
of  a  new  and  more  complete  biography  of  Roger 
Sherman ;  but  he  found  his  public  duties  so  en- 
grossing that  he  was  obliged  to  abandon  his  long 
cherished  plan.  In  September  of  1895,  he  pro- 
posed to  me  to  take  the  material  he  had  gathered, 
and  write  the  biography,  to  which  he  found  he 
could  not  give  the  necessary  time. 

Having  read  before  the  American  Historical 
Association,  in  the  summer  of  1893,  a  paper  on 
Roger  Sherman's  services  in  the  Constitutional 
Convention  of  1787,  I  felt  the  more  inclined  to 
accept  Mr.  Hoar's  generous  offer,  because  it  seemed 
to  me  there  had  been  no  adequate  recognition  of' 
Mr.  Sherman's  great  services  in  that  Convention, 
or  of  the  masterly  ability  displayed  by  him  in  sup- 
port of  the  tariff  measures  of  1789,  and  of  Alexan- 
der Hamilton's  plan  for  the  support  of  the  public 
credit. 

I  thought,  moreover,  it  was  worth  while  to  de- 
scribe, with  as  much  fulness  as  existing  materials 
would  allow,  the  career  of  a  man  whose  public 
life  covered  the  entire  period  of  that  most  impor- 
tant part  of  our  political  history,  extending  from 
the  beginning  of  the  French  and  Indian  war  to  the 
close  of  the  first  administration  of  Washington, 


PREFACE.  Vll 

and  who  was  one  of  the  most  conspicuous  figures 
in  that  formative  period  of  our  national  life.  / 

It  seemed  desirable  also  to  give  some  explana- 
tion of  the  influence  which  Mr.  Sherman  exerted 
over  the  men  of  his  generation.  How  did  it  hap- 
pen that  a  man,  who  was  no  orator,  won  the  high- 
est admiration  from  the  greatest  orators  of  his 
time,  from  such  men  as  Patrick  Henry,  Richard 
Henry  Lee,  and  Fisher  Ames?  How  came  this 
reserved,  bashful,  unemotional  man  to  be  the  in- 
timate friend  of  the  ardent  and  impulsive  John 
Adams?  How  did  it  happen  that  this  man  of  no 
academic  training  not  only  occupied  for  many 
years  the  highest  legislative  and  judicial  positions 
in  his  own  State,  but,  in  the  Continental  Congress, 
was  at  once  recognized  as  one  of  its  foremost  men, 
and  placed  on  its  most  important  committees,  not- 
ably on  the  committee  of  five  to  prepare  the  Dec- 
laration of  Independence?  What  were  the  qualities 
that  fitted  him  to  be  the  leader  in  the  compromise 
measures  of  the  Convention  that  framed  our  na- 
tional Constitution,  and  that  enabled  him,  in  his 
seventieth  year,  on  the  floor  of  the  House  of 
Representatives,  to  be  the  foremost  advocate  of 
the  great  measures  for  the  support  of  the  public 
credit?  The  story  of  such  a  life  is  certainly  well 
worth  telling.  Such  a  character  is  deserving  of 
most  careful  study. 

As  the  claim  has  been  made  on  behalf  of  John 
Dickinson,  William  Samuel  Johnson,  and  George 
Mason,  respectively,  that  each  of  them  was  the 
author  of  the  compromise  by  which  representation 
according  to  population  was  secured  in  the  House 


Vlll  PREFACE. 

of  Representatives,  and  equal  representation  of  the 
States  in  the  Senate,  I  have  done  what  has  never 
been  done  before,  given  a  detailed  statement  of 
the  various  steps  in  that  compromise,  as  related  in 
Madison's  Debates.  From  that  statement  it  will 
be  seen  that,  while  others,  and  especially  Oliver 
Ellsworth,  Dr.  Johnson,  and  Mr.  Dickinson,  sup- 
ported with  great  ability  this  compromise  measure, 
Roger  Sherman  introduced  it,  and  throughout  the 
debate  was  its  foremost  champion.  I  have  also 
called  attention  to  the  fact,  which  has  been  gen- 
erally overlooked,  that,  eleven  years  before  this 
debate,  Mr.  Sherman  proposed  substantially  the 
same  plan  in  the  Continental  Congress,  in  discuss- 
ing the  Articles  of  Confederation. 

I  have  also  endeavored  to  describe  Mr.  Sher- 
man's religious  character  and  opinions;  and  to 
point  out  that,  while  he  was  a  Puritan  of  the 
Puritans,  he  brought  to  the  discussion  of  theo- 
logical questions  the  same  clear  insight  and  strong 
sense  that  distinguished  his  legal  and  his  political 
career,  and  that  saved  him  from  the  harsh  and 
extravagant  views  which  disfigured  the  creed  of 
some  eminent  divines  of  his  day. 

Mr.  Hoar  has  so  thoroughly  explored  the  field, 
that  I  have  been  able  to  add  very  little  to  the  mass 
of  letters  and  documents  relating  to  Mr.  Sherman 
which  he  had  collected.  I  have  vainly  endeavored 
to  learn  who  were  the  persons,  and  what  were  the 
books,  that  influenced  the  early  years  of  this  self- 
educated  man.  Unfortunately  there  is  very  little 
of  a  personal  character  in  his  correspondence. 
Apparently  he  was  not  accustomed  to  think  or 


PREFACE.  IX 

write  much  about  himself.  His  life  was  devoted 
to  the  public  service.  He  was  content  to  do  his 
duty,  and  unmindful  to  preserve  a  record  of  what 
he  had  done. 

In  a  volume  of  Sir  Walter  Raleigh's  History  of 
the  World,  belonging  to  Mr.  Sherman,  were  found 
some  leaves  of  Peter  Heylin's  "  Microcosmos," 
containing  a  poem  by  Edward  Heylin,  addressed 
"  To  my  brother,  the  Author,"  in  which  occurs  a 
line  fittingly  descriptive  of  the  controlling  princi- 
ple of  Roger  Sherman's  life,  — 

"  The  guerdon  of  well  doing  is  the  doing." 

From  some  newspaper  articles  by  Ellis  Ames, 
and  from  Huntoon's  History  of  Canton,  I  have 
gathered  a  few  facts  about  Mr.  Sherman's  early 
home;  and  from  Orcutt's  History  of  New  Mil- 
ford,  I  have  derived  assistance  in  describing  Mr. 
Sherman's  life  in  that  town.  The  Life  of  Roger 
Sherman  in  Sanderson's  biographies  has  furnished 
important  facts  and  documents.  Some  of  the 
statements  in  that  Life  I  have  been  able  to  correct, 
or  make  more  full  and  exact,  by  means  of  the 
Connecticut  Records  published  since  that  life  was 
written. 


CONTENTS. 


I.    ANCESTRY 13 

II.     LIFE  IN  STOUGHTON 18 

III.  NEW  MILFORD  PERIOD.     1743-1761     ...  24 

IV.  NEW  HAVEN  PERIOD 41 

V.     STAMP  ACT 49 

VI.     WYOMING 70 

VII.    THE  CONTINENTAL  CONGRESS 81 

VIII.     THE  CONSTITUTIONAL  CONVENTION  OF  1787  127 

IX.     THE  CONSTITUTION  ADOPTED 166 

X.    THE  SUPERIOR  COURT 182 

XI.     SERVICES  IN  CONGRESS:  — 

PART     i.  —  IMPOST  LAW 191 

"       ii.  —  AMENDMENTS  TO  THE  CONSTI- 
TUTION       206 

"      in.  —  PUBLIC  CREDIT 228 

"      iv.  —  THE  SLAVE  TRADE.     .     .     .  250 

"       v.  —  NATIONAL  BANK      ....  257 

"      vi.  —  SENATE 263 

XII.     RELIGIOUS  OPINIONS 268 

XIII.  LAST  DAYS 281 

XIV.  CONCLUSION  288 


xii  CONTENTS. 

APPENDIX. 

APPENDIX  PAGE 

i.     CORRESPONDENCE  BETWEEN  JOHN  ADAMS  AND 

ROGER  SHERMAN  ON  THE  CONSTITUTION    .    311 

n.     THE  SAME 325 

HI.    GEORGE  BANCROFT'S  LETTER  ON  THE  FORE- 
GOING CORRESPONDENCE 328 

iv.     ROGER  SHERMAN   ON    HALF  PAY   OF  ARMY 

OFFICERS 329 

v.     ROGER  SHERMAN  TO  JOSIAH   BARTLETT    ON 

THE  VERMONT  CONTROVERSY 332 

vi.     REPORT  ON  ROBERT  MORRIS'S  ACCOUNTS      .    334 
vn.     ROGER    SHERMAN'S     CLAIMS    AGAINST    CON- 
NECTICUT      336 

vm.     GEN.    WASHINGTON     TO    Gov.     TRUMBULL, 

RECOMMENDING    ISAAC    SHERMAN    FOR    PRO- 
MOTION      337 

ix.     WYOMING 339 

x.    GEN.  WOOSTER  TO  ROGER  SHERMAN    ...    343 
xi.     DESCENDANTS  OF  ROGER  SHERMAN  ....    348 


INDEX 353 


Tike  frontispiece  is  from  the  Hartford  Statue, 
by  C.  B.  Ives. 


THE     LIFE 

OF 

ROGER    SHERMAN. 


CHAPTER  I. 

ANCESTRY. 

THE  branch  of  the  Sherman  family  to  which 
Roger  Sherman  belonged  came  from  Dedham, 
Essex  county,  England,  and  settled  in  Watertown, 
Massachusetts,  about  1634.  Dedham  is  situated 
on  the  river  Stour,  in  a  beautiful  rural  district  on 
the  highway  from  London  to  Ipswich.  It  was 
formerly  a  prosperous  town,  the  seat  of  large 
woollen  manufactures.  The  only  evidence  remain- 
ing of  its  old  importance  is  its  fine  large  church, 
with  a  pinnacled  tower  131  feet  high,  and  a  beauti- 
ful Galilee  porch. 

The  Shermans,  and  the  families  with  which  they 
married,  were,  as  they  were  then  called,  clothiers, 
what  we  should  now  call  woollen  manufacturers, 
and  seem  to  have  been  of  a  good  deal  of  impor- 
tance. There  were  several  members  of  Parliament 
in  the  line  of  Mr.  Sherman's  ancestry.  The  first 
of  them  to  which  his  pedigree  can  be  directly 


14     THE  LIFE  OF  ROGER  SHERMAN. 

traced  is  Henry  Sherman,  of  Dedham,  who  was  born 
about  1520,  and  died  in  1589.  His  wife,  who  died 
in  1580,  was  Agnes,  whose  surname  is  supposed  to 
have  been  Butler.  He  is  described  as  a  clothier, 
and  at  various  times  as  of  Dedham  and  Colchester. 

Edmond  Sherman,  of  Dedham,  clothier,  son  of 
Henry,  was  the  founder  of  the  English  School  in 
Dedham,  still  surviving  there,  and  occupying 
Edmond  Sherman's  house,  known  as  "  Sherman 
Hall."  Several  of  his  sons  were  benefactors  of 
this  school.  Edmond  Sherman  married,  as  his 
second  wife,  Anne  Cleave.  She  was  grand- 
daughter of  John  Cleave,  of  Colchester,  a  clothier, 
alderman,  and  member  of  Parliament.  His  son 
Nicholas  Cleave,  of  Colchester,  by  his  first  wife 
Jane,  was  a  clothier,  alderman,  and  member  of 
Parliament.  He  married  Anne,  widow  of  Thomas 
Haselwood. 

Samuel  Sherman,  a  son  of  Edmond  Sherman 
and  Anne  Cleave,  married  Hester  Burgess,  and  had 
a  son  named  Bezaleel,  who  became  a  prosperous 
merchant  in  London.  Elizabeth,  the  daughter  of 
Bezaleel,  married  Sir  Henry  Vincent,  Bt.  They  had 
a  son,  Sir  Francis,  whose  daughter,  Mary,  married 
Neil,  third  Earl  of  Roseberry,  the  grandfather  of 
the  present  (fifth)  Earl  of  Roseberry. 

In  a  memorandum  prepared  by  Hon.  William 
M.  Evarts,  he  says,  "  I  had  made  the  acquaintance 
of  this  young  Earl  during  his  several  visits  to  this 
country,  before  he  entered  public  life,  and  I  veri- 
fied this  relationship  by  a  correspondence  through 
my  and  Lord  Roseberry's  friend  Samuel  Ward, 
after  Lord  Roseberry's  last  return  to  England." 


ANCESTRY.  15 

Edmond  2d,  son  of  Edmond  Sherman  and 
Anne  Cleave,  was  born  in  Dedham,  June  23,  1595, 
came  to  New  England  in  1634,  and  died  in  New 
Haven,  Conn.,  about  1641.  By  his  second  wife, 
Judith,  daughter  of  William  Angier  of  Dedham, 
he  had  a  son  John,  who  was  born  in  Dedham, 
came  to  New  England  about  1634,  and  settled  in 
Watertown,  Mass.  He  was  a  clergyman  of  great 
ability  and  eloquence,  and  was  the  ablest  mathe- 
matician in  the  colony. 

Another  son  of  Edmond  2d  and  Judith  Angier 
was  Samuel,  who  came  to  New  England  with  his 
brother  John,  and  settled  in  Weathersfield,  Conn., 
and  afterwards  in  Stratford,  Conn.,  where  he  died 
in  1700.  He  was  the  ancestor  of  Gen.  William  T. 
Sherman,  and  of  U.  S.  Senator  John  Sherman. 

John  Sherman,  of  Dedham,  clothier,  a  son  of 
Edmond  Sherman  and  Anne  Cleave,  is  supposed 
to  have  married  a  Sparhawk.  He  was  the  father 
of  Captain  John  Sherman,  or  Shearman,  as  he 
spelt  his  name,  who  was  born  in  1613,  and  came 
to  New  England  about  1634,  and  settled  in  Water- 
town,  Mass.  He  was  captain,  surveyor,  represen- 
tative in  the  General  Court,  and  town  clerk.  He 
was  steward  of  Harvard  College  in  1660,  and  pro- 
bably for  years  thereafter.  He  was  with  Governor 
Winthrop  when  the  northern  boundary  of  Massa- 
chusetts was  surveyed,  and  when  the  corner  was 
established  at  Wier's  Landing,  Lake  Winnepesau- 
kee.  His  active  and  useful  life  ended  Jan.  25,  1690. 
His  wife,  Martha  Palmer,  daughter  of  Roger  and 
Grace  Palmer,  of  Long  Sutton,  County  of  South 
Hampton,  died  Feb.  7,  1701.  His  land  in  Water- 


1 6      THE  LTFE  OF  ROGER  SHERMAN. 

town  adjoined  that  owned  by  the  ancestors  of 
President  Garfield,  afterwards  known  as  the 
"  Governor  Gore  Place." 

The  last  descendant  from  the  first  Edmond  of 
the  Sherman  name  in  England,  was  his-  great- 
grandson,  Edmond  Sherman  of  Dedham,  who 
died,  sine  prole,  in  1741,  leaving  a  large  estate  to 
Thomas  and  John  Haywood,  sons  of  his  sister 
Martha.  His  beautiful  tomb  is  still  seen  near  the 
tower  of  the  church  in  Dedham.  At  his  death,  the 
male  line  of  his  family  became  extinct  in  England. 

Joseph  Sherman,  son  of  Captain  John,  was  born 
in  Watertown,  May  14,  1650.  He  married  Eliza- 
beth Winship,  daughter  of  Lieutenant  Edward 
Winship  of  Cambridge.  He  was  a  representative 
in  the  General  Court  in  1702—3—4-5,  and  often 
selectman  and  assessor.  He  was  a  blacksmith  by 
trade.  He  seems  to  have  been  foremost  on  the 
side  of  the  old  town  of  Watertown  in  the  Town 
Church  controversy,  in  which  Captain  Benjamin 
Garfield  was  the  foremost  representative  on  the 
other  side,  which  led  to  the  separation  of  Waltham 
from  Watertown.  He  had  eleven  children,  of  whom 
the  ninth  child  and  seventh  son,  William,  born 
June  23,  1692,  was  the  father  of  Roger  Sherman. 

William  Sherman  is  described  in  the  deeds  of 
the  land  which  he  purchased  in  Stoughton  as  a 
cordwainer.  He  appears  to  have  been  a  farmer  as 
well  as  a  shoemaker.  His  first  wife  was  Rebecca 
Cutler,  of  Watertown,  by  whom  he  had  one  son, 
William,  who  died  in  infancy.  He  married  for  his 
second  wife,  Sept.  3,  1715,  Mehetabel  Wellington, 
of  Watertown,  daughter  of  Benjamin,  son  of  Roger 


ANCESTRY.  I/ 

Wellington,  who  came  from  England.  In  the 
record  of  this  marriage  he  is  said  to  be  of  Water- 
town.  He  moved  to  Newton  shortly  thereafter. 
His  children  by  this  second  marriage  were  William, 
Mehetabel,  Roger,  Elizabeth,  Nathaniel,  Josiah, 
and  Rebecca. 


1 8  THE  LIFE   OF  ROGER  SHERMAN. 


CHAPTER   II. 

LIFE   IN    STOUGHTON. 

ROGER  SHERMAN  was  born  in  Newton,  Mass., 
April  19,  1721,  O.  S.  In  Smith's  History  of 
Newton  it  is  stated  that  he  was  born  near  the 
Skinner  place,  on  Waverly  Avenue;  the  precise 
location  is  not  known.  In  1723,  his  father,  William 
Sherman,  moved  to  that  part  of  Stoughton,  Mass., 
which  has  since  become  Canton.  Stoughton  was 
incorporated  in  I726.1 

In  1725,  William  Sherman  and  John  Wentworth, 
by  permission  of  the  General  Court,  purchased  of 
the  Indian  proprietors  two  hundred  and  seventy 
acres  of  the  Punkapoag  Plantation,  in  the  north- 
eastern part  of  Stoughton.  Owing  to  a  delay  in 
the  Legislature  to  fix  the  value  of  this  land,  the 
deed  of  it  was  not  executed  till  1734;  but  the 
purchasers  seem  to  have  resided  on  it  from  1725. 
In  the  division  of  this  property  between  the  pur- 
chasers, William  Sherman  took  in  part  seventy- 
three  acres  lying  west  of  Pleasant  Street,  formerly 
Stoughton  Road,  which  became  his  homestead. 

Here  Roger  Sherman  lived  till  he  was  twenty- 
two  years  of  age.  From  his  father  he  learned  the 

1  At  the  time  William  Sherman  moved  there,  it  formed  part  of 
the  town  of  Dorchester.  Canton  was  set  off  from  Stoughton  in 
1797- 


LIFE  IN  STOUGHTON.  1 9 

trade  of  a  shoemaker,  and  he  worked  beside  him  in 
the  shop  and  on  the  farm.  So  far  as  is  known,  he 
had  no  other  assistance  in  his  education  than  that 
which  the  common  country  schools  of  that  time 
afforded.  But  he  must  have  been  more  or  less  in- 
fluenced by  the  Rev.  Samuel  Dunbar,  the  pastor 
of  the  church  which  his  family  attended. 

Mr.  Dunbar,  born  in  Boston  in  1704,  studied  at 
the  Boston  Latin  School,  graduated  at  Harvard  in 
1723,  and  immediately  afterward  accepted  the  posi- 
tion of  usher  in  the  Latin  School,  at  the  same  time 
pursuing  his  theological  studies  under  the  direc- 
tion of  Cotton  Mather.  In  1727,  he  was  ordained 
pastor  of  the  church  in  Stoughton,  and  he  remained 
in  that  position  until  his  death  in  1783.  He  was  a 
fine  scholar,  possessing  a  critical  knowledge  of 
Latin,  Greek  and  Hebrew.  He  had  a  vigorous 
constitution,  and  a  fearless  spirit.  After  the 
fashion  of  the  day,  he  sought  to  persuade  men 
rather  by  "  the  terror  of  the  Lord  "  than  by  his 
goodness.  He  was  frequently  called  on  councils 
by  neighboring  churches,  and  by  his  tact  and 
good  sense  was  skillful  in  restoring  harmony  in  the 
case  of  church  troubles. 

He  was  a  man  of  great  public  spirit,  and  during 
the  Revolutionary  War  he  relinquished  half  his 
salary.  While  the  third  meeting-house  was  build- 
ing, a  period  of  sixteen  years,  he  relinquished  one- 
tenth  of  his  salary.  In  1745,  he  asked  for  leave  of 
absence  from  his  pulpit  to  become  chaplain  in  a 
regiment  about  to  be  sent  with  his  Majesty's  army 
to  Louisburg.  But  the  request  was  not  granted. 
Ten  years  later  he  served  as  chaplain  to  a  Con- 


20  THE  LIFE   OF  ROGER  SHERMAN. 

necticut  regiment  in  the  expedition  to  Crown 
Point.  It  was  said  of  him,  in  the  sermon  preached 
at  his  funeral  by  Rev.  Jason  Haven  of  Dedham, 
"  He  was  honored  with  long  life  and  usefulness, 
and  was  perhaps  an  unparalleled  instance  of  carry- 
ing on  ministerial  labors  without  being  interrupted 
by  any  bodily  infirmity,  for  the  space  of  fifty-three 
years  from  the  time  of  his  settlement."  His  last 
public  service  was  a  prayer  of  thanksgiving  on  the 
return  of  peace,  at  a  celebration  in  Stoughton  in 
honor  of  that  event  on  the  2d  of  June,  1783.  One 
of  his  sermons,  written  in  the  forty-ninth  year 
of  his  ministry,  is  numbered  8,059,  which  shows 
that  he  must  have  composed,  on  an  average,  no 
less  than  one  hundred  and  sixty-four  sermons  a 
year,  or  a  little  more  than  three  a  week. 

In  an  appendix  to  a  sermon  preached  at  the 
ordination  of  Rev.  William  Richey,  at  Canton,  July 
I,  1807,  by  Rev.  Elijah  Dunbar,  Jr.,  a  grandson  of 
Samuel,  the  pulpit  services  of  Samuel  Dunbar  are 
thus  described :  "  His  plain  and  pungent  preach- 
ing, unadorned  with  the  graces  of  composition,  was 
enforced  by  a  peculiar  zeal  and  pathos,  and  a  very 
commanding  eloquence.  He  spoke  as  one  having 
authority.  In  prayer  he  was  much  admired ;  he 
was  pertinent,  copious,  and  fervent." 

We  do  not  know  that  Mr.  Dunbar  assisted 
Roger  Sherman  in  his  work  of  self-education,  but 
he  could  hardly  have  witnessed  the  industry,  and 
the  thirst  for  knowledge,  of  his  young  parishioner, 
without  feeling  a  deep  interest  in  him,  and  a  desire 
to  help  him.  He  must  at  least  have  offered  him 
the  use  of  his  library,  and  given  him  the  benefit  of 


LIFE  IN  S  TO  UGH  TON.  21 

his  counsel,  even  if  he  did  not  act  as  his  teacher. 
However  this  may  have  been,  young  Sherman  ac- 
quired at  this  time  those  habits  of  study  which 
enabled  him  eventually  to  become  proficient  in 
logic,  geography,  history  and  mathematics,  in  the 
general  principles  of  philosophy  and  theology,  and 
especially  in  law  and  politics,  which  were  his 
favorite  studies,  and  in  which  he  particularly  ex- 
celled. It  is  recorded  of  him  that  he  was  accus- 
tomed to  sit  at  his  work  with  an  open  book  before 
him,  devoting  to  study  every  moment  that  his 
eyes  could  be  spared  from  the  occupation  in  which 
he  was  engaged. 

If  he  acquired  any  knowledge  of  Latin  or  Greek, 
it  was  probably  very  slight.  He  doubtless  learned 
the  meaning  of  the  Latin  words  and  phrases  of 
common  occurrence  in  law  books.  His  love  of 
Bible  study  must  have  made  him  desirous  of  read- 
ing the  New  Testament  in  Greek.  But  the  most 
that  we  certainly  know  on  this  point  is  that  he 
knew  how  to  write  the  Greek  characters.  In  a 
quotation  in  one  of  his  memorandum  books  in 
his  handwriting  is  the  word  "  prototokos,"  in  Greek 
letters. 

On  March  20,  1741,  William  Sherman  died,  in 
the  49th  year  of  his  age.  He  was  not  a  member 
of  the  church.  As  the  oldest  son  William  had 
moved  to  New  Milford,  Conn.,  the  care  of  settling 
the  estate  devolved  upon  Roger.  The  widow  was 
appointed  administratrix.  It  appearing  that  the 
real  estate  could  not  be  divided  without  damage, 
the  Probate  Court,  Nov.  26,  1742,  assigned  the 
same  to  the  son  Roger  Sherman,  and  ordered  that 


22  THE  LIFE   OF  ROGER  SHERMAN. 

he  should  pay  to  the  other  children  their  share, 
and  that  the  widow  should  have  her  dower  therein. 
Immediately  thereafter,  Roger  Sherman  conveyed 
the  land  to  Stephen  Badlam  for  £157  lOs.  In  the 
deed  Roger  Sherman  is  described  as  a  cordwainer. 

On  the  I4th  of  March,  1742,  Roger  Sherman 
united  with  Mr.  Dunbar's  church.  The  circum- 
stances which  led  to  this  act  are  not  known.  It 
occurred  during  that  period  of  religious  interest, 
known  as  the  "  Great  Awakening,"  which  began 
with  the  preaching  of  Jonathan  Edwards  at  North- 
ampton in  1734,  and  gradually  spread  over  the 
country,  being  intensified  by  the  preaching  of 
George  Whitefield  from  1739  to  1741.  The 
records  of  Mr.  Dunbar's  church  do  not  indicate 
that  Stoughton  shared  in  this  interest.  Nor  does 
it  appear  whether  Roger  Sherman  was  influenced 
in  this  act  by  the  preaching  of  Mr.  Dunbar,  or  by 
reading  the  sermons  of  Jonathan  Edwards,  or  by 
other  causes.  One  thing  however  is  certain,  that 
in  this  matter  he  never  took  a  backward  step.  It 
is  probable  that  in  uniting  with  the  church  he  ex- 
ercised the  same  thoughtfulness  and  calm  delibera- 
tion that  he  exhibited  in  all  the  other  acts  of  his 
life.  The  consociation  of  churches  in  Connecticut, 
in  1741,  passed  resolves  disapproving  of  certain 
irregularities  connected  with  the  Great  Revival. 
A  copy  of  these  resolves  made  by  Mr.  Sherman 
in  1746  is  still  in  existence. 

Little  as  we  know  of  Roger  Sherman's  life  at 
Stoughton,  it  must  have  been  full  of  pleasant  mem- 
ories. He  often  revisited  the  home  of  his  child- 
hood and  youth,  and  renewed  the  friendships  of 


LIFE  IN  STOUGHTON.  2$ 

early  days.  Six  years  after  leaving  it,  he  returned 
to  claim  as  his  bride  Elizabeth,  the  eldest  daughter 
of  Deacon  Joseph  Hartwell.  An  ancient  record 
contains  this  entry,  June  21,  1767,  "  Esquire  Sher- 
man, with  his  wife  and  two  boys,  here  to  meeting." 
He  was  accompanied  by  his  brother,  the  Rev. 
Nathaniel  Sherman,  who  was  born  in  Stoughton, 
and  who,  on  this  occasion,  "  preached  in  the 
afternoon." 

There  is  a  tradition  in  Canton  that  Elizabeth 
Hartwell  had  another  suitor  besides  Roger  Sher- 
man, a  young  lawyer;  and  that,  while  the  father 
favored  Sherman,  the  mother  favored  the  lawyer, 
because  she  thought  he  might  become  a  judge. 


24      THE  LIFE  OF  ROGER  SHERMAN. 


CHAPTER   III. 

NEW   MILFORD    PERIOD.       1743-1761. 

IN  June,  1743,  the  family  moved  to  New  Milford, 
where  William,  the  oldest  son,  had  gone  three 
years  before.  It  is  said  that  Roger  performed  the 
journey  on  foot,  carrying  the  tools  of  his  trade  with 
him.  At  first  they  took  up  their  abode  with 
William,  who  lived  on  a  farm  in  that  part  of  the 
town  called  New  Dilloway.  It  is  probable  that, 
until  he  got  established  in  other  business,  Roger 
worked  at  his  trade.  It  is  said  that  the  object  of 
his  going  to  New  Milford  was  to  engage  in  the 
business  of  a  surveyor. 

At  the  October  session  of  the  General  Assembly, 
1745,  Roger  Sherman  was  appointed  "Surveyor 
of  Lands  for  the  County  of  New  Haven,"  the  town 
of  New  Milford  being  at  that  time  included  in  New 
Haven  County.  This  was  his  first  official  position, 
and  he  continued  in  it  till  Litchfield  County  was 
organized  in  1752,  in  which  New  Milford  was  in- 
cluded, and  then  he  was  appointed  to  the  same 
office  in  that  county,  which  position  he  held  until 
he  resigned  it  in  1758. 

The  office  of  surveyor  was  more  than  ordinarily 
remunerative  in  those  days.  Mr.  Sherman  was 
often  employed  in  that  capacity  by  the  colony,  to 
lay  out  portions  of  the  ungranted  lands  of  the 


•NEW  MILFORD  PERIOD.    1743-1761.  2$ 

colony  to  individuals.  One  commission  which 
he  executed  for  the  colony  as  surveyor,  in  1751, 
brought  him  £83  145. ;  and  this  was  only  one  of 
a  number  of  orders  he  fulfilled  for  the  colony 
within  a  few  years.  For  ten  years  his  employment 
by  private  individuals  to  resurvey  tracts  of  land 
which  had  been  laid  out  by  estimation  at  first,  in 
New  Milford,  must  have  taken  a  large  amount  of 
his  time,  and  brought  him  a  remuneration  that  but 
few  people  obtained  at  that  date. 

This  occupation  naturally  led  him  to  make  invest- 
ments in  land,  and  he  became  one  of  the  largest 
buyers  and  sellers  of  land  in  the  town,  as  his  numer- 
ous transfers  in  the  land  records  testify.  Septem- 
ber 10,  1746,  he  bought  of  his  brother  William 
land  to  the  amount  of  £60  in  the  north  part  of  the 
town.  In  the  deed  of  this  land,  William  is  de- 
scribed as  a  yeoman,  and  Roger  as  a  cordwainer. 
In  all  subsequent  deeds  to  and  from  Roger  Sher- 
man, his  name  is  given  without  prefix  or  suffix,  ex- 
cept in  a  deed  from  Edward  Allen  to  him  of  March 
9,  1749/50,  in  which  he  is  described  as  Mr.  Roger 
Sherman.  In  1748,  he  purchased  of  Gamaliel 
Baldwin  a  house  and  lot  in  Park  Lane  for  £1,500 
and  made  his  residence  there ;  but  afterwards  he 
removed  to  the  village,  and  came  into  possession 
of  his  brother  William's  home,  near  the  site  of  the 
present  Town  Hall,  where  he  resided  until  his  re- 
moval to  New  Haven.  He  was  the  owner  of  sev- 
eral hundred  acres  of  land,  and  a  dwelling  house, 
before  he  had  been  in  New  Milford  seven  years,  for 
which  he  paid  in  old  tenor  money  ,£2,000. 

After  the  purchase  of  the  property  in  Park  Lane, 


'26      THE  LIFE  OF  ROGER  SHERMAN. 

in  1748,  he  began  to  take  an  active  part  in  town 
affairs,  and  filled  all  sorts  of  town  offices.  He  was 
in  different  years  grand  juryman,  list-taker,  leather 
sealer,  fence  viewer,  selectman,  gauger,  treasurer 
to  receive  money  raised  for  a  new  meeting-house, 
clerk  pro  tern,  whenever  the  town  clerk  was  ab- 
sent, agent  to  represent  the  town  in  various  mat- 
ters before  the  General  Assembly,  and  before  the 
County  Court.  The  proprietors  of  the  town  lands 
appointed  him  on  a  committee,  with  others,  to  lay 
out  divisions  of  land,  and  highways,  examine  the 
boundary  line  of  the  town,  run  a  boundary  line, 
apply  to  the  General  Assembly  relating  to  bounda- 
ries, etc.  Donation  lands  were  then  given  for  the 
support  of  a  minister,  and  Mr.  Sherman  was  ap- 
pointed to  lay  out  and  sell  these  by  the  proprietors 
of  the  common  and  undivided  lands.  His  name 
occurs  very  frequently  in  the  land  records  as  acting 
in  that  capacity,  and  these  records  show  that  his 
land  work  for  the  town,  together  with  similar  work 
for  the  colony,  kept  him  extremely  busy  during 
those  years. 

Two  months  after  leaving  Stoughton  (August 
28,  1743),  he  was  dismissed  from  the  church  there, 
and  recommended  to  the  church  in  New  Milford. 
December  21,  1753,  he  was  chosen  clerk  of  the 
Ecclesiastical  Society,  and  annually  re-elected  to 
that  office  till  he  removed  to  New  Haven.  He  was 
treasurer  while  the  third  meeting-house  was  build- 
ing, for  which  he  received  £30.  He  was  on  the 
School  Committee,  and  on  various  other  commit- 
tees to  manage  the  affairs  of  the  Society,  one  of 
which  was  to  confer  with  the  "  Rev.  Mr.  Nathaniel 


NEW  MILFORD  PERIOD.    1743-1761.  27 

Taylor  on  account  of  his  encumbering  himself  with 
other  affairs,  whereby  he  is  too  much  diverted 
from  his  studies  and  ministerial  work."  On  the 
report  of  this  committee,  the  Society  were  "  well 
satisfied."  It  appears  from  the  church  records  that 
Mr.  Sherman  was  chosen  to  the  office  of  deacon, 
on  trial,  March  12,  1755  ;  and  at  a  church  meeting 
March  17,  1757,  he  was  "established  deacon"  of 
the  church. 

His  great  business  ability  led  to  his  being  ap- 
pointed on  various  committees  for  churches  and 
adjoining  towns,  and  entrusted  with  all  sorts  of 
commissions  which  needed  care  and  energy.  As 
a  citizen  he  engaged  in  every  useful  and  improv- 
ing enterprise.  When  the  bridge  over  the  Housa- 
tonic  was  carried  away  by  a  flood,  he  rallied  a  few 
of  the  leading  men  of  the  town  to  venture  with 
himself  in  rebuilding  it,  and  making  it  a  toll  bridge. 
Just  before  leaving  town,  he  with  a  few  others  in- 
troduced inoculation  for  the  small-pox. 

The  first  store-building  in  the  village  of  New 
Milford  was  erected  by  William  Sherman,  near 
the  site  of  the  present  Town  Hall,  in  1750.  Here 
he  carried  on  the  business  of  a  general  country 
merchant,  in  connection  with  his  brother  Roger, 
until  his  death  in  1756,  at  the  age  of  forty.  Roger 
Sherman  became  the  owner  of  the  property  at  that 
time,  and  continued  the  business  till  1760,  when  he 
sold  the  property  to  Abel  Hine. 

While  engaged  in  this  business,  Roger  Sherman 
became  so  impressed  with  the  evils  of  a  currency 
consisting  of  depreciated  and  depreciating  bills  of 
credit  of  the  colonies,  that  he  published  a  pam- 


28      THE  LIFE  OF  ROGER  SHERMAN. 

, 

phlet  on  the  subject  in  I752.1  The  title-page  reads 
as  follows :  — 

"  A  Caveat  against  Injustice,  or  an  enquiry  into 
the  evil  consequences  of  a  fluctuating  medium  of 
exchange.  Wherein  is  considered  whether  the 
Bills  of  Credit  on  the  Neighboring  Governments 
are  a  legal  tender  in  payments  of  money  in  the 
Colony  of  Connecticut  for  debts  due  by  Book  and 
otherwise,  where  the  contract  mentions  only  Old 
Tenor  Money.  By  Phileunomos.  New  York, 
Printed  by  Henry  De  Forest  in  King  Street :  1752." 

The  author  begins  by  stating  the  injurious  effects 
of  allowing  the  bills  of  credit  of  the  neighboring 
colonies  to  circulate  as  a  medium  of  exchange  in 
Connecticut,  as  they  were  constantly  depreciating 
from  the  neglect  of  those  colonies  to  provide  for 
their  redemption.  This  resulted  directly  in  a  loss 
to  those  receiving  the  bills,  and  indirectly  in  a  de- 
preciation of  the  bills  of  Connecticut  itself.  Those 
in  favor  of  the  circulation  of  these  foreign  bills 
insisted  that  the  custom  of  receiving  them  in  the 
payment  of  debts  had  continued  so  long  that  it 
must  be  considered  a  part  of  the  common  law. 
The  greater  part  of  the  pamphlet  is  taken  up  with 
an  argument  in  reply  to  this  claim. 

The  author  insists  that,  as  Connecticut  has  never 
authorized  the  circulation  of  these  foreign  bills  as 
currency,  the  reception  of  them  in  payment  was 
a  purely  voluntary  act,  and  that,  in  the  case  of  a 
credit,  there  could  be  no  implied  contract  to  re- 
ceive in  payment  bills  which  were  of  less  value 

1  The  only  copy  of  this  curious  pamphlet  known  to  be  in  exist- 
ence is  in  the  possession  of  Senator  George  F.  Hoar. 


NEW  MILFORD  PERIOD.    1743-1761.  2$ 

when  the  credit  expired  than  when  it  was  given ; 
that  whatever  value  the  claim  might  have  as  to  a 
currency  possessing  intrinsic  value,  it  could  have 
none  as  to  a  currency  which  had  no  intrinsic  value ; 
and  that,  even  in  the  case  of  coin,  the  creditor 
would  not  be  expected  to  take  in  payment  coin 
which  had  been  lessened  in  value  by  clipping  or 
otherwise. 

At  the  close,  to  the  objection  that,  if  it  were  not 
for  these  foreign  bills  of  credit,  Connecticut  would 
have  no  money  to  trade  with,  the  author  replies  as 
follows :  —  "If  that  were  indeed  the  case,  one  had 
better  die  in  a  good  cause  than  live  in  a  bad  one. 
But  I  apprehend  that  the  case  in  fact  is  quite  the 
reverse,  for  we  in  this  colony  are  seated  on  a  very 
fruitful  soil,  the  product  whereof  with  our  labor 
and  industry,  and  the  divine  blessing  thereon, 
would  sufficiently  furnish  us  with  and  procure  us 
all  the  necessaries  of  life,  and  as  good  a  medium 
of  exchange  as  any  people  in  the  world  have  or 
can  desire.  But  so  long  as  we  part  with  our  most 
valuable  commodities  for  such  bills  of  credit  as  are 
no  profit,  but  rather  a  cheat,  vexation,  and  snare 
to  us,  and  become  a  medium  whereby  we  are  con- 
tinually cheating  and  wronging  one  another  in  our 
dealings  in  commerce ;  and  so  long  as  we  import 
so  much  more  foreign  goods  than  are  necessary, 
and  keep  so  many  merchants  and  traders  employed 
to  procure  and  deal  them  out  to  us,  great  part  of 
which  we  might  as  well  make  among  ourselves,  and 
another  great  part  of  which  we  had  much  better  be 
without,  especially  the  spirituous  liquors,  of  which 
vast  quantities  are  consumed  in  the  colony  every 


30      THE  LIFE  OF  ROGER  SHERMAN. 

year  unnecessarily,  to  the  great  destruction  of  the 
estates,  morals,  health,  and  even  the  lives  of  many 
of  the  inhabitants :  —  I  say  so  long  as  these  things 
are  so,  we  shall  spend  a  great  part  of  our  labor  and 
substance  for  that  which  will  not  profit  us.  Whereas 
if  these  things  were  reformed,  the  provisions  and 
other  commodities  which  we  might  have  to  export 
yearly,  and  which  other  governments  are  depend- 
ent on  us  for,  would  procure  us  gold  and  silver 
abundantly  sufficient  for  a  medium  of  trade,  and 
we  might  be  as  independent,  flourishing,  and  happy 
a  colony  as  any  in  the  British  Dominions. 

"  And  with  submission,  I  would  hereby  beg 
leave  to  propose  it  to  the  wise  consideration  of 
the  Honorable  General  Assembly  of  this  colony 
whether  it  would  not  be  conducive  to  the  welfare 
of  the  colony  to  pass  some  act  to  prevent  the  bills 
last  emitted  by  Rhode  Island  Colony  from  obtain- 
ing a  currency  among  us ;  and  to  appoint  some 
reasonable  time  (not  exceeding  the  term  that  our 
bills  of  credit  are  allowed  to  pass)  after  the  ex- 
piration of  which  none  of  the  bills  of  credit  on 
New  Hampshire  or  Rhode  Island  shall  be  allowed 
to  pass  in  this  colony,  that  so  people,  having  pre- 
vious notice  thereof,  may  order  their  affairs  so  as 
to  get  rid  of  such  bills  to  the  best  advantage  that 
they  can  before  the  expiration  of  said  term ;  and 
whether  it  would  not  be  very  much  for  the  public 
good  to  lay  a  large  excise  upon  all  rum  imported 
into  this  colony,  or  distilled  herein,  thereby  effect- 
ually to  restrain  the  excessive  use  thereof,  which  is 
such  a  growing  evil  among  us,  and  is  leading  to  al- 
most all  other  vices.  And  I  doubt  not  but  that  if 


NEW  MILFORD  PERIOD.    1743-1761.  31 

those  two  great  evils  that  have  been   mentioned 
were  restrained,  we  should  soon  see  better  times." 

A  few  years  after  his  removal  to  New  Milford, 
Mr.  Sherman  employed  his  mathematical  knowl- 
edge in  preparing  a  series  of  Almanacs  which  bore 
his  name,  and  which  were  published  simultaneously 
in  New  York  and  in  some  place  in  New  England, 
either  New  London,  New  Haven,  or  Boston.  The 
introduction  to  the  first  of  these  Almanacs,  pre- 
pared for  1750,  is  as  follows:  — 

To  THE  READER,  —  I  have  for  several  years 
past  for  my  own  amusement  spent  some  of  my 
leisure  hours  in  the  study  of  the  mathematics. 
Not  with  any  intent  to  appear  in  public,  but  at  the 
desire  of  many  of  my  friends  and  acquaintances,  I 
have  been  induced  to  calculate  and  publish  the 
following  almanack  for  the  year  I/SO.1  I  have  put 
in  everything  that  I  thought  would  be  useful  that 
could  be  contained  in  such  contracted  limits.  I 
have  taken  much  care  to  perform  the  calculations 
truly,  not  having  the  help  of  any  Ephemeris.  And 
I  would  desire  the  reader  not  to  condemn  it,  if  it 
should  in  some  things  differ  from  other  authors, 
until  observations  have  determined  which  is  in  the 
wrong.  I  need  say  nothing  by  way  of  explanation 
of  the  following  pages,  they  being  placed  in  the 
same  order  that  has  been  for  many  years  practiced 

1  The  original  is  in  the  possession  of  the  American  Antiquarian 
Society. 

See  Joseph  Sabin's  Dictionary  of  Books  relating  to  America, 
Vol.  19,  pp.  458  to  460,  nos.  80,395  to  80,403,  for  a  list  of  Roger 
Sherman's  Almanacs  from  175010  1761.  There  are  no  numbers 
given  for  1757,  1758,  1759. 


32  THE  LIFE  OF  ROGER  SHERMAN. 

by  the  ingenious  and  celebrated  Dr.  Ames,  with 
which  you  are  well  acquainted.  If  this  shall  find 
acceptance,  perhaps  it  may  encourage  me  to  serve 
my  country  this  way  for  time  to  come. 

R.  SHERMAN. 

NEW-MILFORD,  August  i,  1749. 

It  would  appear  from  the  following  letter  to 
Nathaniel  Ames  that  Mr.  Sherman  made  astro- 
nomical calculations  for  the  Ames  Almanac. 

NEW-MlLFORD,  July  14,  1753. 

SR  :  —  I  received  your  letter  this  day  and  re- 
turn you  thanks  for  the  papers  you  sent  inclosed. 
I  find  that  there  was  a  considerable  mistake  in  the 
calculation  of  the  two  lunar  eclipses  which  I  sent 
to  you  in  my  last  letter  which  was  occasioned  by 
my  mistake  in  taking  out  the  mean  motion  of  the 
sun  for  the  radical  year  and  I  have  now  sent  in- 
closed (them)  with  the  rest  of  the  eclipses  as  I 
have  since  calculated  them  for  the  meridian  of 
New  London,  which  I  reckon  4  hours  and  52 
min.  west  from  London  —  I  have  also  sent  one 
of  my  Almanacks.  I  expect  to  go  to  New  Haven 
in  August  next  and  I  will  enquire  of  Mr  Clap 
about  the  comet  you  mentioned  and  will  write  to 
you  what  intelligence  I  can  get  from  him  about  it 
the  first  opportunity  —  I  am  Sr  your  very 
humble  servt, 

ROGER  SHERMAN. 

The  Roger  Sherman  Almanacs  contain  the  as- 
tronomical calculations  as  to  eclipses,  etc.,  usually 


NEW  MILFORD  PERIOD.    1743-1761.  33 

found  in  almanacs.  In  the  monthly  calendars  are 
given  the  stated  festivals  and  fasts  of  the  Church 
of  England,  "judgments  of  the  weather,"  and 
moral  reflections.  The  last  two  pages  of  the 
Almanac  for  1753  are  taken  up  with  a  statement  of 
the  loss  and  damage  sustained  by  Connecticut  on 
account  of  the  depreciation  of  the  bills  of  credit  oi 
Rhode  Island  and  New  Hampshire.  The  moral 
evils  of  such  a  depreciated  currency  are  thus 
described :  — 

"  It  is  evident  that  such  an  uncertain  medium  of 
exchange  puts  an  advantage  into  the  hands  of  peo- 
ple to  wrong  one  another  many  ways  without 
danger  of  being  called  to  an  account  or  punished 
by  the  civil  authority ;  and  't  is  to  be  feared  that  it 
has  been  a  means  of  insensibly  rooting  principles 
of  justice  out  of  the  minds  of  many  people,  occa- 
sioning them  to  think  that  what  they  gain  of  their 
neighbor,  by  keeping  him  out  of  his  just  due,  and 
then  taking  advantage  of  the  depreciation  of  the 
bills  of  credit  to  pay  their  debts  with  less  than 
was  the  real  value  of  them  at  the  time  of  contract, 
is  just  and  honest  gain.  And  others  by  receiving 
their  debts  in  such  depreciated  bills  are  necessitated 
either  to  be  great  sufferers  in  their  estates,  or  else 
to  make  reprisals,  taking  advantage  of  the  uncer- 
tainty of  the  medium  of  exchange  to  get  an  exor- 
bitant price  for  the  wares  and  merchandises  which 
they  sell  for  the  future,  to  countervail  their  former 
loss.  But  is  suffering  wrong  a  sufficient  excuse 
for  doing  wrong?  " 

At  the  head  of  each  monthly  page  are  a  few  lines 
of  poetry  usually  selected  from  one  of  the  following 


34      THE  LIFE  OF  ROGER  SHERMAN. 

poets,  viz. :  Denham,  Prior,  Dryden,  Milton,  Young, 
and  Pope.  These  are  interesting,  as  showing  with 
what  poets  Mr.  Sherman  was  familiar.  Some  of 
these  lines  appear  to  be  original.  If  they  are  not 
very  poetical,  they  are  at  least  very  loyal.  The 
lines  for  July,  1753,  are:  — 

"  Brittania's  free  born  sons  !  how  happy  they ! 
Under  a  George's  mild  and  gentle  sway. 
A  king  whose  Godlike  mind  is  big  with  joy 
To  guard  his  subjects  and  their  foes  destroy. 
Heaven  bless  him  with  a  long  and  happy  reign, 
Subdue  his  foes,  and  make  their  counsels  vain." 

The  lines  for  the  next  month  are  as  follows :  — 

"  As  English  subjects,  freeborn,  brave, 
Our  rights  and  liberties  we  have, 
Secured  by  good  and  righteous  laws, 
Which  ought,  in  judging  every  cause, 
To  be  a  standing  rule ;  whereby 
Each  one  may  have  his  property." 

Similar  sentiments  were  expressed  in  the  Alma- 
nac for  1760. 

In  the  Almanac  for  1754,  under  date  of  May  13, 
is  the  following  entry:  "The  tyrany  of  old  Tenor, 
that  mystery  of  iniquity,  source  of  injustice,  and 
disturber  of  the  peace,  is  now  expiring,  to  the  joy 
of  all  honest  men." 

In  the  same  Almanac  there  is  the  following  pre- 
diction for  December  2d  :  "  freezing  cold  weather, 
after  which  comes  storm  of  snow,  but  how  long 
after  I  don't  say." 

In  respect  to  these  weather  predictions,  a  lady 
who  remembered  Mr.  Sherman  used  to  relate  the 


NEW  MILFORD  PERIOD.    1743-1761.  35 

following  anecdote  which  was  current  in  his  day. 
He  had  been  holding  court  in  the  forenoon  of  a 
very  fair  day.  When  the  court  adjourned  for  din- 
ner, some  of  the  young  lawyers  reminded  him  that 
his  Almanac  predicted  a  heavy  rain  for  that  day. 
He  said  nothing,  but  came  into  court  after  dinner 
with  his  cloak.  Before  the  adjournment  at  night  a 
severe  storm  came  up,  in  which  all  the  company  at 
the  Court-House  were  drenched,  except  Mr.  Sher- 
man, who  was  protected  by  his  cloak. 

In  Sanderson's  Lives,  the  following  account  is 
given  of  the  circumstances  which  led  Mr.  Sherman 
to  devote  himself  to  the  study  of  the  law :  — 

"A  neighbor  or  acquaintance,  in  transacting 
some  affairs  relative  to  the  family  of  a  deceased 
person,  required  the  assistance  of  legal  counsel. 
As  Mr.  Sherman,  then  a  young  man,  was  going  to 
the  county  town,  he  was  commissioned  to  obtain  it 
from  an  eminent  lawyer.  To  prevent  embarrass- 
ment, and  secure  the  accurate  representation  of  the 
case,  he  committed  it  to  paper,  as  well  as  he  could, 
before  he  left  home. 

"  In  stating  the  case,  the  gentleman  with  whom 
he  was  consulting  observed  that  Mr.  Sherman  fre- 
quently recurred  to  a  manuscript  which  he  held  in 
his  hand.  As  it  was  necessary  to  make  an  appli- 
cation, by  way  of  petition,  to  the  proper  tribunal, 
he  desired  the  paper  to  be  left  in  his  hands,  pro- 
vided it  contained  a  statement  of  the  case  from 
which  the  petition  might  be  framed.  Mr.  Sherman 
consented  with  reluctance,  telling  him  that  it  was 
merely  a  memorandum  drawn  up  by  himself  for 
his  own  convenience.  The  lawyer,  after  reading  it, 


36  THE  LIFE   OF  ROGER  SHERMAN. 

remarked,  with  an  expression  of  surprise,  that,  with 
a  few  alterations  in  form,  it  was  equal  to  any  peti- 
tion which  he  could  have  prepared  himself,  and 
that  no  other  was  requisite.  Having  then  made 
some  inquiries  relative  to  Mr.  Sherman's  situation 
and  prospects  in  life,  he  advised  'him  to  devote  his 
attention  to  the  study  of  the  law." 

Whatever  were  the  circumstances  which  first 
directed  his  attention  to  the  study  of  the  law,  his 
mind  was  so  constituted  that  he  was  instinctively 
drawn  to  it.  He  made  such  progress  in  the 
mastery  of  its  principles,  and  obtained  such  repu- 
tation as  a  counsellor,  that,  by  the  advice  of  his 
friends,  he  applied  for  admission  to  the  bar,  and 
was  admitted  to  practice  by  the  County  Court  held 
at  Litchfield  in  February,  1754. 

In  May,  1755,  he  was  appointed  by  the  General 
Assembly  a  justice  of  the  peace  for  Litchfield 
County;  and  in  May,  1759,  he  was  appointed  a 
justice  of  the  quorum  for  the  same  county.  By 
virtue  of  this  latter  office,  he  became  a  member  of 
the  County  Court,  sometimes  called  the  Court  of 
Common  Pleas,  which  was  composed  of  a  judge 
and  three  or  more  justices  of  the  quorum.  This 
court  heard  many  small  actions,  also  applications 
for  new  highways,  or  the  alteration  of  old  ones. 
It  appears  from  the  records  of  this  court  that  he 
took  part  in  its  proceedings  for  nearly  a  year  after 
he  removed  to  New  Haven. 

On  the  first  day  of  February,  1758,  a  complaint 
was  made  by  the  grand-jurymen  of  New  Milford 
before  Roger  Sherman,  as  a  justice  of  the  peace, 
"  that  Samuel  Peet  of  sd  New  Milford,  on  ye 


NEW  MILFORD  PERIOD.     1743-1761.  37 

Lords  Day,  the  29th  day  of  January  last,  did  not 
attend  the  publick  worship  of  God  in  any  congre- 
gation allowed  by  law  in  sd  New  Milford  or  else- 
where, neither  hath  he  attended  the  publick  wor- 
ship of  God  in  any  lawful  congregation  at  any 
time  on  ye  Lord's  day  for  one  month  next  before 
sd  29th  of  January,  but  did  willingly  and  obsti- 
nately, without  any  lawful  or  reasonable  cause  or 
excuse  forbaire  and  neglect  to  do  the  same,  con- 
trary to  the  statute  of  this  colony  in  such  case 
provided." 

The  record,  at  the  foot  of  this  complaint,  in 
Roger  Sherman's  handwriting,  is  as  follows'.  — 

"  Feb'y  9th  1758,  Sam'l  Peet  appeared  to  Def'd 
adjudged  guilty,  fined  3  /,  paid  it  down." 

During  Mr.  Sherman's  residence  in  New  Milford, 
seats  in  the  meeting-house  were  assigned  by  vote 
in  town  meeting.  The  chief  fact  taken  into  con- 
sideration in  assigning  these  seats  was  the  amount 
of  taxes  paid,  but  age  and  station  had  something 
to  do  with  it.  At  a  town  meeting  held  June  7, 
1748,  it  was  "voted  that  Mr.  Roger  Sherman's 
place  shall  be  in  the  fore  seat  in  the  front  gallery." 

In  May,  1755,  he  was  chosen  to  represent  the 
town  of  New  Milford  in  the  General  Assembly,  and 
was  re-elected  to  that  office  at  each  semi-annual 
election  thereafter,  except  for  the  years  1756  and 
1757,  until  he  removed  to  New  Haven  in  1761. 
This  was  the  beginning  of  his  political  career,  which 
continued  with  but  slight  interruptions  till  his  death. 

When  Roger  Sherman  first  entered  the  legis- 
lature, he  was  thirty-four  years  of  age.  It  was  at 
the  commencement  of  the  French  and  Indian 

93545 


38      THE  LIFE  OF  ROGER  SHERMAN. 

war,  and  the  experience  which  he  acquired  in  the 
Connecticut  Legislature,  at  this  time,  fitted  him  for 
the  active  and  important  part  which  he  took  in  the 
Continental  Congress  during  the  Revolutionary 
War. 

In  1754,  the  year  before  the  war  with  France, 
and  in  anticipation  of  it,  at  the  request  of  the  home 
government,  a  convention  of  delegates  from  the 
different  colonies  was  held  at  Albany  for  the  pur- 
pose of  forming  a  union  of  the  colonies  for  general 
defence,  etc.  A  plan  for  a  confederate  government 
was  submitted  by  Franklin  ;  but  it  was  rejected  by 
the  colonies  as  giving  too  much  power  to  the  cen- 
tral government,  and  by  the  English  authorities  as 
likely  to  give  too  much  force  to  any  movements 
that  might  be  formed  in  opposition  to  the  mother 
country.  Connecticut  was  especially  opposed  to 
its  provisions  that  all  nominations  of  commissioned 
officers,  by  land  and  sea,  should  be  made  by  this 
central  government.  Although  nothing  came  of 
this  attempt  to  form  a  confederate  government, 
thoughtful  men,  like  Roger  Sherman,  were  led  to 
consider  the  necessity  of  union  among  the  colonies, 
and  the  form  of  government  best  calculated  to 
secure  and  preserve  it. 

The  Colonial  Records  of  Connecticut  show  that 
Mr.  Sherman  was  as  active  and  laborious  in  the 
legislature  as  he  had  been  in  town  and  county 
affairs.  His  reputation  as  an  advocate  of  sound 
currency  led  to  his  being  placed,  just  after  his  en- 
try into  public  life,  in  August,  1755,  on  a  committee 
"  to  consider  how  the  treasury  should  be  supplied 
with  money  or  bills  of  credit  to  pay  the  charges  of 


NEW  MILFORD  PERIOD.    1743-1761.  39 

this  government  for  the  expedition  to  Crown 
Point."  In  May,  1761,  he  was  placed  on  a  com- 
mittee "  to  make  provision  for  sinking  the  out- 
standing bills  of  credit  of  March,  1758." 

In  May,  1756,  he  was  on  a  committee  "to  view 
Indian  lands  and  examine  and  report  on  matters  of 
Indian  complaint."  In  May,  1759,  he  was  appointed 
"  Commissary  to  reside  at  Albany  to  receive,  se- 
cure, and  forward  the  supplies  for  the  Connecticut 
troops,  and  take  into  custody  guns  and  other 
stores  that  shall  be  returned  from  the  army,  and 
ship  them  to  the  Commissaries  in  the  colony." 

On  the  1 4th  of  February,  1760,  Mr.  Sherman 
entered  into  a  written  agreement  with  about  forty 
other  persons  to  settle  a  Township  of  about  twelve 
miles  square,  lying  eastward  of  Fort  Edward  upon 
Wood  Creek,  in  the  province  of  New  York,  with 
one  hundred  and  sixty  families  within  three  years 
from  the  expiration  of  the  war  then  existing  be- 
tween Great  Britain  and  France,  provided  a  patent 
for  the  same  could  be  obtained.  One  family  was 
to  be  settled  on  each  five  hundred  acres  subscribed 
for;  and  two  rights  of  five  hundred  acres  each 
were  to  be  set  apart,  one  for  the  ministry,  and  one 
for  a  school. 

For  some  reason,  perhaps  because  a  patent 
could  not  be  obtained,  nothing  came  of  this  agree- 
ment. Whether  Mr.  Sherman  entered  into  it  as  a 
land  speculation,  or  to  aid  a  relative,  or  with  the 
intent  of  becoming  one  of  the  settlers  himself,  is 
not  known.  The  desire  of  educating  his  children 
would  probably  have  prevented  him  from  moving 
his  family  into  the  wilderness. 


4O      THE  LIFE  OF  ROGER  SHERMAN. 

On  the  i /th  of  November,  1749,  at  Stoughton, 
the  Rev.  Samuel  Dunbar  united  in  marriage  Roger 
Sherman  and  Elizabeth  Hartwell,  the  eldest 
daughter  of  Deacon  Joseph  Hartwell  of  Stoughton. 
Seven  children  were  the  fruit  of  this  marriage, 
namely,  John,  William,  Isaac,  Chloe  ist,  Oliver, 
Chloe  2d,  and  Elizabeth.  Two  of  these  children, 
Chloe  ist  and  Oliver,  died  early-  The  three  oldest 
sons  were  officers  in  the  Revolutionary  Army, 
John  a  Lieutenant  and  Paymaster,  William  a  Lieu- 
tenant and  Paymaster,  Isaac  a  Lieutenant  Colonel 
Commandant.  Two  of  these  sons,  William  and 
Isaac,  were  educated  at  Yale,  both  graduating  in 
1770.  The  first  wife  of  Roger  Sherman  died  at 
New  Milford,  October  19,  1760,  aged  thirty-four. 

The  eighteen  years  spent  by  Roger  Sherman  in 
New  Milford  were  busy  and  prosperous.  He 
gradually  rose  from  the  humblest  position  to  the 
highest  offices  in  the  gift  of  his  town  and  county. 
He  was  public-spirited,  and  ever  ready  to  lend  his 
aid  to  every  useful  enterprise.  Conscious  of  the 
defects  in  his  own  education,  he  generously  aided 
his  brothers  Nathaniel  and  Josiah  in  their  course 
through  college,  and  in  preparation  for  the  minis- 
try. A  mature  man,  in  comfortable  circumstances, 
skilled  in  affairs,  and  with  a  widening  reputation, 
he  was  prepared,  at  forty  years  of  age,  to  enter  the 
broader  field  and  improve  the  larger  opportunities 
which  opened  before  him  in  New  Haven. 


NEW  HAVEN  PERIOD.  41 


CHAPTER  IV. 

NEW   HAVEN   PERIOD. 

MR.  SHERMAN  removed  to  New  Haven  June  30, 
1761.  Instead  of  resuming  the  practice  of  the  law, 
he  engaged  in  mercantile  pursuits.  In  a  letter  to 
Theophilact  Bache,  August  15,  1764,  he  states  that 
he  no  longer  practices  as  an  attorney.  In  Presi- 
dent Stiles's  Diary  there  is  this  entry  with  regard 
to  Mr.  Sherman,  July  23,  1793:  "  He  removed  to 
New  Haven  in  1761,  and  went  into  trade,  in  which 
he  was  very  successful.  .  .  .  After  several  years  of 
successful  business  in  trade,  which  he  well  under- 
stood, he  consigned  it  over  to  his  sons,  and  de- 
voted himself  to  civil  affairs  and  public  life,  in 
which  he  was  fully  employed."  His  accounts 
show  that,  besides  carrying  on  the  ordinary  busi- 
ness of  a  country  merchant,  he  was  accustomed  to 
import  books  such  as  would  be  needed  by  the  pro- 
fessors and  students  in  the  college.  From  advertise- 
ments in  the  Connecticut  Gazette,  it  appears  that 
in  July,  1 760,  nearly  a  year  before  he  removed  his 
residence  to  New  Haven,  Mr.  Sherman  opened 
a  store  in  that  town,  and  also  in  Wallingford, 
Connecticut.  Advertisements  in  the  Connecticut 
Journal  indicate  that  Roger  Sherman  retired  from 
business,  and  was  succeeded  by  his  son  William, 
in  December,  1772. 


42  THE  LIFE   OF  ROGER  SHERMAN. 

It  is  interesting  to  note  that,  in  his  first  year  in 
New  Haven,  Mr.  Sherman  was  a  contributor  to  a 
fund  for  building  a  college  chapel.  In  President 
Clap's  Annals  of  Yale  College,  in  a  list  of  dona- 
tions in  1761  for  building  the  chapel,  there  is 
set  opposite  the  name  of  Roger  Sherman  £7  and 
ros.  This  was  one  of  the  larger  donations.  Mr. 
Sherman  was  the  treasurer  of  Yale  College  from 
1765  to  1776.  In  1768  he  received  from  the  col- 
lege the  honorary  degree  of  Master  of  Arts. 

On  the  4th  of  October,  1761,  Mr.  Sherman  was 
admitted  to  the  White  Haven  Church  in  New 
Haven  by  letter  from  the  church  in  New  Milford. 
He  at  once  took  an  active  part  in  all  matters  relat- 
ing to  the  church  and  society,  and  was  appointed 
on  all  sorts  of  committees.  Mr.  Bird,  the  pastor, 
resigned  on  account  of  ill  health,  in  1767,  and  the 
Rev.  Jonathan  Edwards,  the  younger,  was  chosen 
to  succeed  him  in  1769,  and  continued  pastor  of 
the  church  till  1795. 

The  city  of  New  Haven  was  incorporated  in 
1 784.  By  the  act  of  incorporation,  it  was  provided 
that  "  the  Mayor  having  been  chosen  by  the  city 
assembled  in  legal  meeting,  should  hold  his  office 
during  the  pleasure  of  the  General  Assembly." 
Roger  Sherman  was  elected  the  first  mayor,  and 
the  General  Assembly  having  never  intimated  that 
it  was  their  pleasure  that  he  should  be  removed 
from  the  office,  he  continued  mayor  as  long  as  he 
lived. 

The  motives  which  influenced  the  legislature  in 
making  this  singular  provision  can  be  inferred  from 
the  following  extract  from  a  letter  to  Mr.  Sherman, 


NEW  HAVEN  PERIOD.  43 

written  just  after  his  election  as  mayor,  by  his  pas- 
tor, Rev.  Jonathan  Edwards :  - 

"  Last  Tuesday  came  on  our  election  of  city 
officers,  when  the  Hon.  Roger  Sherman,  Esq., 
was  chosen  Mayor.  Some  of  your  friends  have 
been  fearful  that  you  would  not  accept  of  the  place. 
But  I  hope  and  entreat  that  you  will  not  refuse  it, 
and  this,  I  presume  is  the  earnest  desire  of  all  your 
friends.  If  you  should  refuse  it,  Mr.  Howell  would 
certainly  be  chosen.  I  cannot  bear  that  the  first 
Mayor  of  this  infant  city  should  be  a  tory.  If  there- 
fore there  were  no  other  motive  to  induce  you  to 
accept  it  but  this,  to  keep  out  a  tory,  I  conceive  it 
would  be  a  sufficient  ground  of  procedure.  The 
disgrace  which  would  be  brought  on  the  city,  the 
mortification  to  every  real  whig,  the  triumph  of 
the  tories,  all  come  into  view  on  this  occasion. 
Besides  it  will  be  at  best  as  well  for  the  city,  if  you 
retain  the  place,  even  when  you  are  absent,  as  it 
would  be  if  you  were  to  decline  it  ;  because  the 
city  court  will,  during  your  absence,  consist  of  the 
very  same  members.  Mr.  Howell  is  now  first  Al- 
derman, and  if  you  should  refuse,  would  be  the 
Mayor.  I  hope  the  Place  will  produce  some  little 
profit  to  you.  It  will  be  entirely  in  your  way  to 
attend  the  business  when  you  are  at  home,  and  the 
fees  will  be  something.  All  things  considered,  I 
hope,  Sir,  you  will  not  decline  the  appointment." 

In  October,  1764,  Mr.  Sherman  was  elected  a 
deputy  from  New  Haven  to  the  legislature,  and 
was  re-elected  to  that  office  in  May  and  October, 
1765,  and  in  May,  1766.  He  was  elected  an  as- 
sistant, or  member  of  the  upper  house  of  the  legis- 


44  THE  LIFE   OF  ROGER  SHERMAN. 

lature  in  May,  1766,  and  was  annually  re-elected  to 
that  office  for  nineteen  years,  and  until  an  act  was 
passed  making  the  office  of  assistant  incompatible 
with  that  of  Judge  of  the  Superior  Court,  which  last 
office  he  preferred  to  retain. 

He  was  appointed  a  Justice  of  the  Peace,  for 
New  Haven  County,  in  May,  1765,  and  a  Justice 
of  the  Quorum,  for  that  county,  in  October,  1765. 
In  May,  1766,  he  was  appointed  a  Judge  of  the 
Superior  Court,  and  was  annually  reappointed  to 
that  office  for  twenty-three  years,  until  he  resigned 
it  to  take  a  seat  in  the  Congress  of  the  United 
States. 

One  of  the  most  curious  documents  that  have 
been  preserved  connected  with  Mr.  Sherman's  pro- 
ceedings as  a  Justice  of  the  Peace,  is  a  complaint 
made  before  him  by  two  grand  jurors  of  the  riot- 
ous conduct  of  Benedict  Arnold  and  ten  others,  on 
January  29,  1766,  in  breaking  into  a  dwelling  house 
and  seizing  one  Peter  Boles,  and  stripping  him  of 
his  clothing,  and  fastening  him  to  a  whipping-post, 
and  beating  him  in  a  shocking,  cruel,  and  danger- 
ous manner;  on  which  complaint  Mr.  Sherman 
issued  a  warrant  for  the  arrest  of  the  offenders, 
who  were  brought  before  him,  and  bound  over  for 
trial. 

Roger  Sherman  married  for  his  second  wife, 
May  12,  1763,  Rebecca  Prescott  of  Danvers,  Mas- 
sachusetts, daughter  of  Benjamin  Prescott,  a  magis- 
trate there,  and  granddaughter  of  Rev.  Benjamin 
Prescott,  for  many  years  settled  over  the  parish 
known  as  the  second  precinct  of  Salem,  Mass.  The 
second  precinct  of  Salem  was  afterwards  incorpor- 


NEW  HAVEN  PERIOD.  45 

ated  as  Danvers,  and  a  portion  of  it  incorporated 
with  the  town  of  Peabody,  where  the  old  church 
stood  in  which  Mr.  Prescott  so  long  preached  and 
where  is  now  standing  the  old  house  in  which  he 
lived.  This  house  contains  a  curious  little  closet, 
known  as  the  minister's  study,  not  more  than  eight 
feet  square.  One  of  its  sides  is  taken  up  princi- 
pally by  a  window;  another  by  a  door;  the  third 
by  a  place  for  a  desk  or  table ;  and  the  fourth  by 
a  fire-place.  It  is  to  be  hoped  that  the  fire-place 
did  not  have  an  undue  influence  on  the  sermons. 
In  the  adjoining  parlor  Rebecca  Prescott  was  mar- 
ried to  Roger  Sherman  by  her  grandfather. 

Eight  children  were  the  fruit  of  this  marriage, 
five  daughters  and  three  sons,  all  but  one  of  whom, 
a  daughter,  Mehetabel  ist,  grew  up  to  maturity. 
They  were  Rebecca,  Elizabeth,  Roger,  Mehetabel 
ist,  Mehetabel  2d,  Oliver,  Martha,  and  Sarah. 
As  Mr.  Sherman's  public  duties  took  him  away 
from  home  a  great  deal  of  the  time,  the  care  of  the 
family,  including  the  children  of  the  former  mar- 
riage, was  largely  borne  by  this  young  wife.  She 
was  a  woman  of  great  personal  beauty,  and  cheer- 
ful wit,  and  shrewd  common  sense,  which  qualities 
all  her  daughters  seem  to  have  inherited.1  She 
was  descended  from  John  Prescott,  the  founder  of 
Lancaster,  and  first  settler  of  Worcester  County, 
Mass.,  who  was  the  ancestor  of  Colonel  William 
Prescott,  of  Bunker  Hill,  and  of  Judge  William 
Prescott,  and  of  William  H.  Prescott,  the  historian. 

1  A  genealogical  table,  showing  her  descent  through  Francis 
Higginson  from  a  sister  of  Geoffrey  Chaucer,  is  in  the  possession 
of  Hon.  George  F.  Hoar. 


46  THE  LIFE   OF  ROGER  SHERMAN. 

Her  first  meeting  with  her  husband  is  not  with- 
out a  tinge  of  romance.  Mr.  Sherman  made  a 
horseback  journey  from  New  Haven  to  visit  his 
brother  Josiah,  then  settled  over  the  church  in 
Woburn,  Mass.  He  had  stayed  about  three  weeks, 
when  it  seemed  to  him  that  the  time  had  come  to 
end  his  visit.  He  was  urged  to  prolong  his  stay, 
but  he  thought  he  had  stayed  long  enough.  Ac- 
cordingly he  mounted  his  horse,  and  started  for 
New  Haven.  His  brother  accompanied  him  some 
little  distance,  when  they  stopped  to  say  a  few 
parting  words.  As  they  were  bidding  each  other 
good-bye,  there  rode  up  on  horseback  a  beautiful 
young  girl  of  eighteen.  It  was  Rebecca  Prescott, 
who  was  riding  over  from  Salem  to  visit  her  aunt, 
Mrs.  Josiah  Sherman,  at  Woburn.  Mr.  Sherman 
was  presented  to  her,  and  they  remained  convers- 
ing together  for  a  little  while.  It  was  an  instan- 
taneous and  fatal  shot.  Mr.  Sherman  told  his 
brother  that  on  the  whole  perhaps  it  was  not  ab- 
solutely necessary  that  he  should  go  home  at  once, 
and  he  would  accept  his  kind  invitation  to  remain 
a  little  longer.  What  would  have  been  the  fate  of 
a  numerous  body  of  descendants,  if  Rebecca  Pres- 
cott had  been  five  minutes  longer  on  the  road,  is  a 
question  like  that  which  Lord  Brougham  raises  in 
the  beginning  of  his  memoir  as  to  what  sort  of  a 
person  he  would  perhaps  have  been  if  his  father 
had  married  somebody  else  than  his  mother,  as  was 
at  one  time  expected. 

Unfortunately  little  of  the  correspondence  of 
Roger  Sherman  and  his  wife  has  been  preserved. 
There  is  this  fragment  of  a  letter  to  her,  dated 
May  30,  1770:  — 


NE  W  HA  VEN  PERIOD.  47 

"  This  is  your  birth  day.  Mine  was  the  3Oth  of 
last  month.  May  we  so  number  our  days  as  to 
apply  our  Hearts  to  wisdom:  that  is,  true  Religion. 
Psalm  90:  12. 

"  I  remain  affectionately  yours, 

"ROGER  SHERMAN. 

"REBECCA  SHERMAN." 

At  the  time  of  Rebecca  Prescott's  marriage  to 
Mr.  Sherman,  she  was  not  a  member  of  the  church  ; 
but  a  few  years  after  her  marriage,  she  united  with 
the  White  Haven  Church,  as  appears  from  the  fol- 
lowing record.  "Dec.  13,  1767,  Rebeccah,  wife 
of  Roger  Sherman  received  into  church  in  full 
communion  on  profession  of  faith." 

Mr.  George  Sherman,  a  son  of  Roger  Sherman, 
Jr.,  writes  April  6,  1894,  —  "Grandmother,  who 
was  a  Prescott,  took  interest  in  everybody  and  in 
everything,  was  very  clear  and  quick  in  calculat- 
ing, much  more  so  than  grandfather.  I  wish  more 
of  her  character  and  work  had  been  appreciated 
and  handed  down  to  us.  Her  influence  and  good 
counsel  were  felt  wherever  she  was  known." 

The  Honorable  William  M.  Evarts  was  an  inmate 
of  the  family  of  Judge  Baldwin,  soon  after  his  en- 
tering Yale  College,  in  1833.  That  was  about 
twenty  years  after  the  death  of  Mrs.  Sherman,  and 
when  Judge  Baldwin,  President  Day,  Dr.  Skinner, 
Roger  Sherman,  the  younger,  and  his  wife,  and  Mrs. 
Baldwin,  daughter  of  Roger  Sherman,  were  living, 
and  many  of  the  contemporaries  of  Roger  Sher- 
man and  his  wife.  He  heard  the  following  anec- 
dote in  the  family,  which  is  undoubtedly  authentic. 


48  THE  LIFE   OF  ROGER  SHERMAN. 

Mrs.  Sherman  was  visiting  her  husband  at  the 
seat  of  government,  and  was  invited  by  General 
Washington  to  a  dinner-party,  and  was  conducted 
into  dinner  by  the  General  and  had  the  seat  of 
honor  on  his  right.  Madam  Hancock  was  one  of 
the  guests.  She  thought  that  that  distinction  was 
due  to  her,  and  complained  of  the  slight  a  day  or 
two  after  to  General  Washington's  secretary,  who 
repeated  her  grievance  to  General  Washington. 
He  replied  that  it  was  his  privilege  to  give  his  arm 
to  the  handsomest  woman  in  the  room.  Whether 
the  explanation  was  conveyed  to  Madam  Hancock, 
and  if  so,  whether  it  tended  to  lessen  her  annoy- 
ance, does  not  appear. 


STAMP  ACT.  49 


CHAPTER  V. 

STAMP  ACT. 

MR.  SHERMAN  took  his  seat  in  the  General 
Assembly  of  Connecticut,  as  a  deputy  from  New 
Haven,  at  the  October  session  of  1764.  It  was  in 
the  midst  of  the  excitement  caused  by  the  an- 
nouncement of  the  British  ministry  that  they  pro- 
posed to  collect  a  revenue  from  the  American 
Colonies  by  means  of  a  Stamp  tax.  Notice  of 
this  intended  action  was  sent  to  the  Connecticut 
Assembly,  at  its  May  session,  1764,  by  Richard 
Jackson,  its  agent  in  London.  The  Assembly 
thereupon  appointed  Ebenezer  Silliman,  George 
Wyllys,  and  Jared  Ingersoll  a  committee  to  set 
forth  the  objections  to  this  proposed  tax. 

This  committee  made  its  report  to  the  Assem- 
bly, at  its  October  session,  1764,  setting  forth  the 
"Reasons  why  the  British  Colonies  in  America 
should  not  be  charged  with  internal  taxes."  This 
report  was  adopted,  and  ordered  to  be  forwarded 
to  the  agent  of  the  colony  in  London,  to  be  pre- 
sented, with  an  address  from  the  Governor,  to  the 
Parliament.  As  Jared  Ingersoll  was  about  to  sail 
for  England,  he  was  ordered  to  assist  Mr.  Jackson, 
the  agent  of  Connecticut. 

The  remonstrances  of  the  colonies  were  of  no 
effect,  and  on  the  22d  of  March,  1765,  the  Stamp 
Act  received  the  royal  assent.  Instantly  a  storm 


5O      THE  LIFE  OF  ROGER  SHERMAN. 

of  indignation  swept  over  the  country.  Taxation 
without  representation  was  everywhere  denounced 
as  a  badge  of  slavery  which  the  colonies  would  not 
endure.  On  the  7th  of  October,  1765,  the  dele- 
gates from  nine  colonies  met  in  the  City  Hall  at 
New  York,  and  adopted  a  declaration  of  rights 
and  grievances,  an  address  to  the  King,  a  memorial 
to  the  House  of  Lords,  and  a  petition  to  the  House 
of  Commons.  The  Connecticut  delegates  were 
not  authorized  to  sign  these  papers,  but  on  their 
return  home,  the  Assembly  authorized  the  delegates 
to  sign  them,  and  ordered  that  they  be  forwarded 
to  Great  Britain. 

These  various  remonstrances  were  alike  in  ex- 
pressions of  loyalty  to  the  King,  and  affection  for 
the  mother  country,  of  uncompromising  hostility 
to  any  tax  laws  made  by  a  legislature  in  which  the 
colonies  were  not  represented,  and  of  their  willing- 
ness to  submit  to  any  reasonable  regulations  ot 
trade.  The  Connecticut  remonstrance  was  one  ol 
the  ablest  of  these  firm  but  temperate  papers. 
Besides  these  manifestoes  of  public  bodies,  a  pri- 
vate publication,  which  attracted  general  attention 
in  this  country  and  in  England,  was  "  The  rights 
of  the  British  Colonies  asserted  and  proved,"  pub- 
lished by  James  Otis  in  1764.  This  pamphlet  was 
thought  by  some,  and  among  them  Roger  Sherman, 
to  concede  to  Parliament  too  great  power  over  the 
colonies. 

In  the  meantime,  the  people  had  formed  them- 
selves into  organizations  called  the  "  Sons  of 
Liberty,"  who  were  determined  by  threats  and 
violence  to  prevent  the  Stamp  Act  from  being  en- 


STAMP  ACT.  51 

forced.  It  is  a  little  singular  that  Jared  Ingersoll, 
who  was  employed  to  prevent  the  passage  of  the 
Stamp  Act,  should  have  been  so  impressed,  while 
in  England,  with  the  uselessness  of  a  contest  with 
Great  Britain,  that  he  accepted  the  office  of  Stamp 
Commissioner.  He  was  not  prepared  for  the  storm 
of  popular  wrath  which  he  encountered  on  his  re- 
turn home.  As  he  rode  on  his  white  horse  from 
New  Haven  to  Hartford,  he  was  followed  by  a 
cavalcade  of  a  thousand  armed  men,  who  insisted 
that  he  should  resign  his  office,  which  he  wisely 
concluded  to  do,  as  he  thought  that  "  the  cause 
was  not  worth  dying  for."  He  said  aftenvard  that 
he  realized  at  last  what  the  book  of  Revelation 
meant  by  "  Death  on  the  pale  horse,  and  hell  fol- 
lowing him." 

The  following  paragraph  from  the  Connecticut 
Gazette  shows  what  instructions  Mr.  Sherman 
received  from  his  constituents  on  his  re-election  to 
the  legislature  in  the  fall  of  1765  : — 

"NEW  HAVEN  Sept.  20, 1765. 

"  On  the  i /th  inst  the  Freemen  of  this  town  met 
here.  After  choosing  Roger  Sherman  Esq.  and 
Mr.  Samuel  Bishop  to  represent  them  in  the 
General  Assembly  to  be  holden  next  month,  they 
unanimously  desired  those  Representatives  to  use 
their  utmost  endeavors  (at  the  assembly  now  sitting 
at  Hartford  and  also  at  the  ensuing  session  here) 
to  obtain  a  Repeal  of  the  Stamp  Act.  The  Stamp 
Master  General  of  this  Colony  was  at  the  said  meet- 
ing when  these  words  were  read  aloud,  Likewise 
voted  that  the  Freemen  present  earnestly  desire  Mr. 


52      THE  LIFE  OF  ROGER  SHERMAN. 

Ingersoll  to  resign  his  Stamp  Office  immediately. 
Numerous  were  the  signs  of  consent  to  this  vote, 
when  a  gentleman  condemned  it  as  needless  and 
inconsistent  after  their  former  proceedings.  The 
officer  then  arose  and  declared  in  the  strongest 
terms  that  he  would  not  resign  till  he  discovered 
how  the  General  Assembly  were  in  this  respect. 
T  is  said  he  has  gone  to  Hartford  in  order  to  make 
that  important  discovery,  and  that  he  has  wrote  to 
New  York  requesting  that  the  Stamp  papers  be  re- 
tained there  till  they  are  wanted  here." 

The  excesses  committed  by  many  of  the  "  Sons 
of  Liberty "  led  the  more  sober  and  thoughtful 
persons  in  the  community  to  fear  that  the  cause  of 
the  colonies  would  be  discredited  by  these  unlawful 
acts.  It  was  this  which  drew  out  the  following 
letter  from  Roger  Sherman  to  Matthew  Griswold : 

SIR,  —  I  hope  you  will  excuse  the  freedom 
which  I  take  of  mentioning,  for  your  consideration, 
some  things  which  appear  to  me  a  little  extraor- 
dinary, and  which  I  fear  (if  persisted  in)  may  be 
prejudicial  to  the  interests  of  the  Colony  —  more 
especially  the  late  practice  of  great  numbers  of 
people  Assembling  and  assuming  a  kind  of  legisla- 
tive authority  passing  and  publishing  resolves  &c 
—  will  not  the  frequent  assembling  such  large 
bodies  of  people,  without  any  laws  to  regulate  or 
govern  their  proceedings,  tend  to  weaken  the 
authority  of  the  government,  and  naturally  possess 
the  minds  of  the  people  with  such  lax  notions  of 
civil  authority  as  may  lead  to  such  disorders  and 
confusions  as  will  not  be  easily  suppressed  or  re- 


STAMP  ACT.  53 

formed  ?  especially  in  such  a  popular  government 
as  ours,  for  the  well  ordering  of  which  good  rules, 
and  a  wise  steady  administration  are  necessary.  — 
I  esteem  our  present  form  of  government  to  be  one 
of  the  happiest  and  best  in  the  world.  It  secures 
the  civil  and  religious  rights  and  privileges  of  the 
people,  and  by  a  due  administration  has  the  best 
tendency  to  preserve  and  promote  publick  virtue, 
which  is  absolutely  necessary  to  publick  happiness. 
.  .  .  There  are  doubtless  some  who  envy  us  the 
enjoyment  of  these  .  .  .  privileges,  and  would  be 
glad  of  any  plausible  excuse  to  deprive  .  .  .  there- 
fore behooves  ...  to  conduct  with  prudence  and 
caution  at  this  critical  juncture,  when  arbitrary 
principles  and  measures,  with  regard  to  the  colo- 
nies, are  so  much  in  vogue ;  and  is  it  not  of  great 
importance  that  peace  and  harmony  be  preserved 
and  promoted  among  ourselves ;  and  that  every- 
thing which  may  tend  to  weaken  publick  govern- 
ment, or  to  give  the  enemies  of  our  happy  consti- 
tution any  advantage  against  us,  be  carefully 
avoided?  I  have  no  doubt  of  the  upright  inten- 
tions of  those  gentlemen  who  have  promoted  the 
late  meetings  in  several  parts  of  the  Colony,  which 
I  suppose  were  principally  intended  to  concert 
measures  to  prevent  the  introduction  of  the  Stamp 
papers,  and  not  in  the  least  to  oppose  the  laws  or 
authority  of  the  government;  but  is  there  not 
danger  of  proceeding  too  far  in  such  measures,  so 
as  to  involve  the  people  in  divisions  and  animosi- 
ties among  themselves,  and  .  .  .  endanger  our  char- 
ter privileges?  May  not  .  .  .  being  informed  of 
these  things,  view  them  in  such  light  .  .  .  our  pre- 


54      THE  LIFE  OF  ROGER  SHERMAN. 

sent  democratical  state  of  government  will  not  be 
sufficient  to  secure  the  people  from  falling  into  a 
state  of  anarchy,  and  therefore  determine  a  change 
necessary  for  that  end,  especially  if  they  should 
have  a  previous  disposition  for  such  a  change? 
Perhaps  the  continuing  such  assemblies  will  now 
be  thought  needless,  as  Mr.  Ingersoll  has  this  week 
declared  under  oath  that  he  will  not  execute  the 
office  of  distributor  of  Stamps  in  this  Colony,  which 
declaration  is  published  in  the  New  Haven 
Gazette.  I  hope  we  shall  now  have  his  influence 
and  assistance  in  endeavoring  to  get  rid  of  the 
Stamp  duties.  .  .  . 

I  hear  one  piece  of  news  from  the  east  which  a 
little  surprises  me,  that  is,  the  publication  of  some 
exceptionable  passages  extracted  from  Mr.  Inger- 
soll's  letters,  after  all  the  pains  taken  by  the  Sons 
of  Liberty  to  prevent  their  being  sent  home  to 
England.  I  was  glad  when  those  letters  were  re- 
called, and  that  Mr.  Ingersoll  was  free  to  retrench 
all  those  passages  which  were  thought  likely  to  be 
of  disservice  to  the  government,  and  to  agree  for 
the  future,  during  the  present  critical  situation  of 
affairs,  not  to  write  home  anything  but  what  should 
be  inspected  and  approved  by  persons  that  the 
people  of  the  government  would  confide  in;  but 
by  means  of  the  publication  of  those  passages  in 
the  newspapers,  they  will  likely  arrive  in  England 
near  as  soon  as  if  the  original  letters  had  been  sent, 
and  perhaps  will  not  appear  in  a  more  favourable 
point  of  light. 

Sir,  I  hint  these  things  for  your  consideration, 
being  sensible  that,  from  your  situation,  known  abili- 


STAMP  ACT.  55 

ties  and  interest  in  the  affections  and  esteem  of  the 
people,  you  will  be  under  the  best  advantage  to 
advise  and  influence  them  to  such  conduct  as  shall 
be  most  likely  to  conduce  to  the  public  good  of 
the  colony.  I  am,  Sir,  with  great  esteem,  your 
obedient,  humble  serv't 

ROGER  SHERMAN. 

NEW  HAVEN,  Jan.  n,  1766. 

In  July,  1765,  the  Grenville  Ministry  was  de- 
feated, and  the  Whigs,  under  Lord  Rockingham, 
came  into  power.  In  the  session  of  Parliament 
which  followed,  Pitt  and  Burke  put  forth  their  ut- 
most efforts  to  procure  the  repeal  of  the  Stamp 
Act.  Macaulay,  speaking  of  this  brilliant  display, 
says,  "  The  House  of  Commons  heard  Pitt  for  the 
last  time,  and  Burke  for  the  first  time,  and  was  in 
doubt  to  which  of  them  the  palm  of  eloquence 
should  be  assigned.  It  was  indeed  a  splendid  sun- 
set and  a  splendid  dawn." 

On  the  1 8th  of  March,  1766,  the  King  signed  the 
bill  for  the  repeal  of  the  Stamp  Act.  The  news  of 
the  repeal  filled  the  colonies  with  transports  of 
joy.  It  was  everywhere  greeted  with  the  ringing 
of  bells,  with  salvos  of  artillery,  with  bonfires  and 
illuminations.  The  loyalty  and  gratitude  which  it 
evoked  are  well  expressed  in  the  following  resolu- 
tion by  the  Connecticut  Assembly  at  its  May  ses- 
sion, 1766: — 

"  This  Assembly  desires  his  Honor  the  Governor 
to  consider  of  and  prepare  an  humble,  dutiful  and 
loyal  address  to  his  Majesty,  expressive  of  the 
filial  duty,  gratitude  and  satisfaction  of  the  Gov- 
ernor and  Company  of  this  Colony,  on  the  happy 


56  THE  LIFE   OF  ROGER  SHERMAN. 

occasion  of  the  beneficial  repeal  of  the  late  Ameri- 
can Stamp  Act;  .  .  .  and  his  Honor  the  Deputy 
governor,  Hezikiah  Huntington,  Matthew  Griswold, 
Eliphalet  Dyer,  William  Pitkin,  Jr.,  Roger  Sher- 
man, Robert  Walker,  William  Samuel  Johnson, 
George  Wyllys,  Zebulon  West,  John  Ledyard, 
Alexander  Wolcott,  Jedediah  Elderkin,  and  William 
Williams,  Esqrs.  are  hereby  appointed  a  Committee, 
fully  authorised  and  directed,  to  assist  and  advise 
His  Honor  the  Governor  in  preparing  and  complet- 
ing such  address,  and  any  other  address,  as  they 
shall  judge  expedient  and  proper  on  this  joyful  and 
happy  event :  .  .  .  and  also  desire  His  Honor  the 
Governor  to  return  the  most  ardent  and  grateful 
thanks  of  this  Assembly  to  all  those  who  have  dis- 
tinguished themselves  as  the  friends  and  advocates 
of  the  British  Colonies  in  America,  on  this  impor- 
tant occasion,  whether  as  members  of  the  British 
Parliament  or  otherwise." 

On  the  3Oth  of  July,  1766,  the  administration  of 
Lord  Rockingham  came  to  an  end ;  and  with  it 
came  to  an  end  the  just  and  liberal  treatment  of 
the  American  Colonies  of  which  Edmund  Burke 
had  been  so  brilliant  an  advocate.  The  Earl  of 
Chatham  was  nominally  at  the  head  of  the  minis- 
try which  succeeded ;  but  he  had  frequent  attacks 
of  illness,  when  men  with  a  very  different  policy 
from  his  own  took  the  lead.  In  one  of  these  in- 
tervals, Charles  Townshend  introduced  and  carried 
through,  June  29,  1767,  a  bill  for  raising  a  revenue 
from  the  colonies  by  a  tax  on  glass,  paper,  paint- 
er's colors,  and  tea.  This  rekindled  the  flames  of 
discontent  in  the  colonies.  From  every  quarter 


STAMP  ACT  57 

came  petitions  and  remonstrances  against  the  Act. 
The  relation  of  the  colonies  to  the  mother  country 
was  discussed  in  the  newspapers  with  great  fulness 
and  force.  The  ablest  statement  of  the  whole 
question  was  contained  in  a  series  of  letters  en- 
titled "  Letters  from  a  Farmer  in  Pennsylvania," 
published  in  the  Pennsylvania  Chronicle  and 
Universal  Advocate,  by  John  Dickinson,  from 
December,  1767,  to  February,  1768.  They  were 
copied  into  other  journals,  and  widely  circulated. 
They  were  also  printed  in  a  pamphlet  form  in 
America  and  London.  Among  the  letters  of 
thanks  received  by  the  author,  that  from  a  public 
meeting  of  the  citizens  of  Boston  was  most 
noteworthy. 

This  new  tax  was  opposed,  not  by  acts  of  vio- 
lence, but  by  a  non-importation  agreement,  which, 
although  not  strictly  observed,  sufficiently  alarmed 
the  British  merchants  to  lead  them  to  procure  a 
repeal  of  the  Townshend  tax  on  all  articles  except 
tea.  This  the  King  insisted  should  be  retained  for 
the  sake  of  preserving  the  principle  of  the  right  of 
Parliament  to  tax  the  colonies.  After  this  repeal, 
the  New  York  merchants  insisted  that  the  non-im- 
portation agreement  should  apply  only  to  tea,  and 
though  this  was  violently  opposed  in  the  other 
colonies,  it  resulted  in  the  destruction  of  the  agree- 
ment. This  was  followed  by  a  period  of  inaction 
among  the  colonies.  During  the  existence  of  this 
non-importation  agreement,  Mr.  Sherman  acted  as 
a  member  of  a  committee  of  New  Haven  merchants 
to  secure  its  enforcement. 

The  following  letter  signed  by  this  committee  is 


58  THE  LIFE   OF  ROGER  SHERMAAT. 

given,  though  from  its  style  it  was  apparently  not 
written  by  Mr.  Sherman. 

NEW  HAVEN,  July  a6th,  1770. 

GENT.  — The  time  is  now  come  for  us  to  deter- 
mine whether  we  will  be  freemen  or  slaves,  or  in 
other  words — whether  we  will  tamely  coalesce 
with  the  measures  of  our  backsliding  brethren  of 
New  York  who  by  resolving  on  importation  at  this 
juncture  have  meanly  prostituted  the  common 
cause  to  the  present  sordid  prospect  of  a  little 
pelf;  or  by  a  virtuous  and  manly  effort  endeavor 
to  heal  this  breach  in  the  common  Union  by  adher- 
ing more  firmly  than  ever  to  our  first  agreement. 
There  is  no  time  to  lose  —  and  can  we  hesitate  a 
moment  in  choosing  whether  we  will  continue  our 
connection  with  those  degenerate  impostors,  and 
with  the  prospect  of  a  little  temporary  wealth  be- 
queath infamy,  poverty  and  slavery  to  our  poster- 
ity; or  by  discarding  them  entirely  until  they 
shall  return  to  their  agreement  evince  to  future 
ages,  God  and  ourselves  that  we  are  still  uncon- 
taminated  and  free?  Let  not  our  present  connec- 
tion with  any  of  them  deter  us :  it  is  the  cause  of 
our  country,  it  is  the  cause  of  liberty,  it  is  the 
cause  of  all ;  and  our  country  betrayed,  our  liberty 
sold,  and  ourselves  enslaved,  what  have  we  left? 
With  what  can  New  York  supply  us  that  can't  be 
had  on  equal  advantage  and  perhaps  on  a  more 
generous  footing  from  our  natural  friends  and 
neighbors  of  Boston,  whose  manly  fortitude  and 
persevering  measures  justly  claim  our  preference. 

It  is  with  peculiar  satisfaction  we  have  the  plea- 
sure to  inform  you  of  the  determinate  resolutions 


STAMP  ACT.  59 

and  spirited  behavior  of  all  ranks  and  denomina- 
tions among  us  who  with  one  voice  determine  upon 
the  expediency  of  abiding  by  the  general  non-im- 
portation agreements  and  breaking  off  all  connec- 
tion with  any  of  our  neighbors  who  have  or  shall 
infringe  the  same  as  you  '11  see  by  the  copies  of  the 
inclosed  letters  and  resolves  passed  in  a  fuller 
meeting  than  has  ever  been  known  on  the  like  oc- 
casion. We  have  free  confidence  that  our  breth- 
ren among  you  will  now  manifest  their  sense  of  the 
defection  of  the  majority  of  the  merchants  of  New 
York  in  a  manner  proper  and  consistent  with  our- 
selves, for  which  purpose  we  have  transmitted  the 
same  intelligence  to  our  brethren  throughout  the 
Colony  not  doubting  they  have  even  gone  before 
us  on  these  our  virtuous  endeavors  —  and  are,  with 
esteem  and  regard  Gent,  your  most  obedt.  humble 
Servts. 

ROGER  SHERMAN 

THO.  HOWELL 

JESSE  LEAVENWORTH 

JOSEPH  MUNSON  (  Committee 

DAVID  AUSTIN 

ADAM  BABCOCK  j 

To  the  merchants  at  Weatherfield  and  Hartford. 

It  was  at  this  period  of  depression  that  the  fol- 
lowing correspondence  took  place  between  Thomas 
Gushing,  one  of  the  leaders  of  the  Boston  patriots, 
and  Roger  Sherman.  In  a  letter  dated  "  Boston, 
January  2ist,  1772,"  after  referring  to  certain  mat- 
ters of  private  business,  Mr.  Gushing  writes  :  — 

"  I  heartily  wish,  with  you,  that  some  measures 


6O  THE  LIFE   OF  ROGER  SHERMAN. 

might  be  come  into  to  revive  the  union  of  the  Col- 
onies; to  place  any  great  dependence  upon  the 
virtue  of  the  people  in  general,  as  to  their  refrain- 
ing from  the  use  of  any  of  the  dutiable  articles, 
will  be  in  vain  — The  only  thing  we  can  at  present 
depend  upon  is  the  conduct  of  the  several  assem- 
blies thro'  the  continent ;  and  however  the  people 
in  general  may  be  induced,  for  peace  sake  or  from  a 
sense  of  their  inability,  to  submit  at  present  in  some 
instances  to  the  exercise  of,  what  they  apprehend, 
the  usurped  authority  of  Parliament,  the  assemblies 
ought  to  keep  a  watchful  eye  upon  their  liberties 
and  from  time  to  time  to  assert  their  rights  in 
solemn  resolves  and  continually  to  keep  their 
agents  instructed  upon  this  important  subject  and 
to  renew  their  memorials  to  the  King  for  the  re- 
dress of  their  grievances  and  the  restoring  their 
privileges.  It  might  be  well  also  for  each  assem- 
bly to  be  considering  what  shall  be  their  conduct 
as  soon  as  a  war  commences.  It  is  highly  prob- 
able it  will  not  be  long  before  the  nation  is  involved 
in  a  bloody  war  with  some  of  the  European  Na- 
tions, perhaps  next  spring,  upon  the  commence- 
ment of  which  we  may  depend  upon  their  applying 
to  the  several  colonies  for  assistance  by  furnishing 
them  with  men  and  money.  It  is  of  great  import- 
ance, therefore,  that  the  Colonies  at  such  a  juncture 
should  act  one  and  the  same  part.  Is  it  not  there- 
fore high  time  that  each  assembly  should  be  medi- 
tating what  answers  they  should  give  and  what 
conduct  they  should  pursue  in  consequence  of  any 
such  requisitions?  Then  certainly  will  be  the  time 
to  settle  matters  upon  a  secure  and  permanent 


STAMP  ACT.  6 1 

footing  especially  if  we  can  all  agree  upon  one  and 
ye  same  plan  of  conduct :  Would  it  not  then  be 
expedient  to  consult  one  another  upon  this  sub- 
ject as  soon  as  possible.  You  are  sensible  this 
province  by  being  foremost  in  such  measures  has 
brought  the  whole  resentment  of  Great  Britain 
upon  them,  we  suffer  at  this  day  more  than  all  ye 
colonies  together  —  would  it  not  therefore  be  rea- 
sonable that  your  Colony  or  some  other  should 
take  the  lead  in  this  matter,  pray  consider  of  it  and 
let  me  know  your  sentiments  upon  this  subject.  I 
write  in  confidence  as  to  a  friend  and  therefore 
shall  depend  upon  your  not  mentioning  this  pro- 
posal as  coming  from  me,  for  many  reasons  which 
I  shall  communicate  to  you  when  I  have  the  pleas- 
ure of  seeing  you  at  Boston.  In  ye  mean  remain 
with  respect, 

"  Your  most  humble  serv't 

"  THOMAS  GUSHING." 

To  this  letter,  Mr.  Sherman  sent  the  following 
reply,  dated  "  New  Haven,  April  30,  1772."  After 
disposing  of  certain  business  matters,  he  writes :  — 

"  The  observations  you  make  relative  to  the 
measures  proper  to  be  taken  to  preserve  the  rights 
of  the  Colonies  I  esteem  just,  but  in  order  to  do 
anything  effectual  it  will  be  needful  for  the  people 
of  the  several  Colonies  to  be  agreed  in  sentiment  as 
to  the  extent  of  their  rights.  ...  It  is  a  fundamen- 
tal principal  in  the  British  Constitution  and  I  think 
must  be  in  every  free  State,  that  no  laws  bind  the 
people  but  such  as  they  consent  to  be  governed 
by,  therefore  so  far  as  the  people  of  the  Colonies 


62      THE  LIFE  OF  ROGER  SHERMAN. 

are  bound  by  laws  made  without  their  consent, 
they  must  be  in  a  state  of  slavery  or  absolute  sub- 
jection to  the  will  of  others :  if  this  right  belongs 
to  the  people  of  the  Colonies,  why  should  they  not 
claim  it  and  enjoy  it?  If  it  does  not  belong  to  them 
as  well  as  to  their  fellow  subjects  in  Great  Britain, 
how  came  they  to  be  deprived  of  it?  Are  Great 
Britain  and  the  Colonies  at  all  connected  in  their 
legislative  power?  Have  not  each  Colony  distinct 
and  complete  powers  of  legislation  for  all  the  pur- 
poses of  public  government,  and  are  they  in  any 
proper  sense  subordinate  to  the  Legislature  of  Great 
Britain  tho'  subject  to  the  same  King?  And  tho' 
some  general  regulations  of  trade  &c.  may  be  neces- 
sary for  the  general  interest  of  the  nation,  is  there 
any  constitutional  way  to  establish  such  regulations 
so  as  to  be  legally  binding  upon  the  people  of  the 
several  distinct  Dominions  which  compose  the 
British  Empire,  but  by  consent  of  the  Legislature 
of  each  Government? 

"  These  are  points  which  appear  to  me  important 
to  be  agreed  in  and  settled  right,  and  any  conces- 
sions made  by  any  of  the  assemblies,  disclaiming 
any  privileges  essential  to  civil  liberty  which  the 
Colonies  are  justly  entitled  to,  must  greatly  disserve 
the  common  cause.  If  they  think  it  not  prudent, 
at  present  to  assert  every  right  in  the  most  ex- 
plicit manner,  yet  all  concessions  which  may  be 
construed  as  a  disclaimer,  ought  to  be  carefully 
avoided. 

"  I  am  Sir,  your  humble  servant 

"  ROGER  SHERMAN. 

*  Hon.  THOMAS  GUSHING  Esqr." 


STAMP  ACT.  63 

In  this  letter,  Mr.  Sherman  went  a  step  beyond 
that  taken  by  most  of  the  advocates  of  American 
rights  up  to  this  time.  In  the  report  adopted  by 
the  Connecticut  Assembly  in  1764,  in  the  argu- 
ment of  Stephen  Hopkins  of  Rhode  Island,  in  the 
papers  prepared  by  James  Otis  and  by  Samuel 
Adams,  and  finally  in  the  "  Farmer's  Letters,"  by 
John  Dickinson,  the  right  of  Parliament  to  bind 
the  colonies  by  regulations  of  trade  and  com- 
merce was  conceded  in  the  fullest  manner.  For 
over  a  hundred  years  Parliament  had  passed  acts 
regulating  the  trade  of  the  colonies,  and  its  right 
to  do  so  had  never  been  questioned.  The  binding 
force  of  such  acts  was  conceded  as  late  as  the 
Congresses  of  1774  and  1775.  In  a  paper  sent  by 
Thomas  Jefferson  to  the  Williamsburg  convention, 
in  the  summer  of  1774,  there  is  a  similar  assertion 
that,  while  the  colonies  owed  allegiance  to  the 
King,  they  were  independent  of  Parliament;  but 
the  convention  refused  to  adopt  it.  In  the  draft 
of  the  Declaration  of  Independence,  as  originally 
prepared  by  Jefferson,  there  was  a  similar  claim  of 
the  independence  of  the  colonies  of  Parliament, 
but  it  was  stricken  out  by  the  Congress  of  1776. 
Mr.  Jefferson  states,  in  his  autobiography,  that  he 
had  always  been  of  that  opinion,  but  that  the  only 
person  who  agreed  with  him  was  his  old  law 
teacher,  Mr.  Wythe. 

The  opinion  expressed  by  Mr.  Sherman  in  his 
letter  to  Mr.  Gushing  was  repeated  by  him  two 
years  afterward.  John  Adams,  on  his  way  to 
Philadelphia,  stopped  at  New  Haven,  and  makes 
this  record  in  his  Diary,  August  17,  1774:  — 


64      THE  LIFE  OF  ROGER  SHERMAN. 

"  This  morning  Roger  Sherman,  Esq.  of  the 
delegates  from  Conn,  came  to  see  us  at  the 
tavern,  Isaac  Bears's.  He  is  between  fifty  and 
sixty,  a  solid,  sensible  man.  He  said  he  read  Mr. 
Otis's  Rights  &c.  in  1764,  and  thought  that  he 
had  conceded  away  the  rights  of  America.  He 
thought  the  reverse  of  the  declaratory  act  was  true, 
namely,  that  the  Parliament  of  Great  Britain  had 
authority  to  make  laws  for  America  in  no  case 
whatever.  He  would  have  been  very  willing  that 
Massachusetts  should  have  rescinded  that  part  of 
their  Circular  Letter  where  they  allow  Parliament 
to  be  the  supreme  legislative  over  the  Colonies  in 
any  case."  J 

Mr.  Adams,  in  his  Diary,  September  8,  1774, 
gives  the  following  speech  by  Mr.  Sherman  in 
Congress :  — 

"  MR.  SHERMAN.  The  ministry  contend  that  the 
Colonies  are  only  like  corporations  in  England, 
and  therefore  subordinate  to  the  legislature  of 
the  Kingdom.  The  Colonies  not  bound  to  the 
King  or  Crown  by  the  act  of  settlement,  but  by 
their  consent  to  it.  There  is  no  other  legislative 
over  the  Colonies  but  their  respective  assemblies. 
The  Colonies  adopt  the  common  law,  not  as  the 
common  law,  but  as  the  highest  reason."  2 

In  the  midst  of  the  controversy  with  the  mother 
country  about  taxation,  alarm  was  excited  by  the 
efforts  on  the  part  of  the  Episcopalians  in  this 
country  to  secure  the  appointment  of  a  bishop  for 
America.  The  opposition  to  this  movement  did 
not  result  from  any  hostility  to  the  Episcopal 
1  Adams's  Works,  v.  ii.  343.  2  Ibid.,  371 


STAMP  ACT.  65 

Church,  but  from  the  fear  that  there  would  be 
claimed  for  such  bishop  all  the  power  annexed  to 
that  office  by  the  common  law  of  England,  unless 
this  should  be  prohibited  by  act  of  Parliament. 
The  following  letter,  found  among  the  papers  of 
Roger  Sherman,  and  in  his  handwriting,  is  sup- 
posed to  have  been  addressed  to  William  Samuel 
Johnson,  in  1768,  on  that  subject,  Mr.  Johnson 
being  at  that  time  in  England,  acting  in  behalf  of 
the  colony  of  Connecticut  in  reference  to  the  title 
of  the  colony  to  certain  Indian  lands. 

SIR,  —  We  understand  sundry  petitions  have 
been  sent  home  by  some  of  the  Episcopal  clergy 
in  these  Colonies  in  order  to  obtain  the  appoint- 
ment of  a  Bishop  here,  and  that  it  is  a  determined 
point  on  your  side  of  the  water  to  embrace  the  first 
opportunity  for  that  purpose.  Their  affairs,  we 
must  confess,  give  us  much  anxiety,  not  that  we  are 
of  intolerant  principles ;  nor  do  we  envy  the  Epis- 
copal church  the  privileges  of  a  Bishop  for  the 
purposes  of  ordination,  confirmation  and  inspect- 
ing the  morals  of  their  clergy,  provided  they  have 
no  kind  of  superiority  over,  nor  power  any  way 
to  affect  the  civil  or  religious  interest  of  other  de- 
nominations, or  derive  any  support  from  them. 
Let  this  be  settled  by  an  act  of  Parliament,  and 
such  Bishop  divested  of  the  power  annexed  to  that 
office  by  the  common  law  of  England  and  then  we 
shall  be  more  easy  about  this.  The  introduction 
of  a  Diocesan  into  the  Colonies  would  throw  us 
into  the  utmost  confusion  and  distraction.  For 
though  it  is  alleged  that  no  other  than  the  above 

5 


66      THE  LIFE  OF  ROGER  SHERMAN. 

moderate  Episcopacy  is  desired  or  designed,  yet 
if  it  shall  not  be  fixed  by  Parliamentary  authority, 
we  have  no  security  that  matters  will  be  carried  no 
further.  Yea,  from  the  restless  spirit  which  some 
have  discovered,  we  have  reason  to  apprehend 
there  is  more  in  view.  Our  fathers  and  even  some 
of  ourselves  have  seen  and  heard  the  tyranny  of 
Bishops'  Courts.  Many  of  the  first  inhabitants  of 
these  Colonies  were  obliged  to  seek  an  asylum 
among  savages  in  this  wilderness  in  order  to  es- 
cape the  tyranny  of  Archbishop  Laud  and  others  of 
his  stamp.  Such  tyranny,  if  now  exercised  in 
America,  would  drive  us  to  seek  new  habitations 
among  the  heathen  where  England  could  never 
claim  any  jurisdiction,  or  excite  riots,  rebellions, 
and  wild  disorders.  We  dread  the  consequences 
as  oft  as  we  think  of  this  danger.  Gentlemen  ac- 
quainted with  the  law  inform  us  that  the  Bishop 
is  a  public  minister  of  the  State  known  in  the  com- 
mon law  of  England  and  invested  with  power  of 
erecting  courts  to  take  cognisance  of  all  affairs 
testamentary  and  matrimonial,  and  to  inquire  into 
and  punish  for  all  matters  of  scandal ;  might  he 
not  plead  as  well  as  any  man  that  the  common  law 
of  England  is  his  birth  right  and  that  the  laws  in 
force  in  England  before  the  settling  of  the  Colonies 
were  brought  hither  and  took  place  with  the  first 
settlers?  What  is  to  hinder  him  from  claiming  all 
the  power  exercised  by  Archbishop  Laud  and  his 
Ecclesiastical  Courts?  All  acts  made  in  England 
since  that  time  to  lessen  the  power  of  Bishops  and 
their  courts  can  be  of  no  service  to  us  for  it  is  not 
mentioned  in  any  of  them  that  they  are  extended 


STAMP  ACT.  67 

to  the  Colonies ;  and  the  reason  is  plain  no  such 
exorbitant  powers  were  claimed  or  exercised  among 
us.  Now  can  anything  less  than  the  most  grievious 
convulsion  in  the  Colonies  be  expected  from  such  a 
revolution?  Will  it  at  all  go  down  with  us  to  have 
the  whole  course  of  business  turned  into  a  new 
channel?  Would  it  be  yielded  that  the  register 
office,  the  care  of  orphans,  &c  should  be  trans- 
ferred from  the  present  officers  to  such  as  a  Bishop 
might  appoint?  Would  not  the  Colonies  suffer  the 
last  extremities  before  they  would  submit  to  have 
the  legality  of  marriages  and  matters  relating  to 
divorce  tried  in  an  Episcopal  court?  Tis  not 
easy  to  conceive  what  endless  prosecutions  under 
the  notion  of  scandal  may  be  multiplied.  A  cov- 
etous, tyrannical,  and  domineering  prelate  or  his 
chancellor  would  always  have  it  in  their  power  to 
harrass  our  country  and  make  our  lives  bitter  by 
fines,  imprisonments,  and  lawless  severity.  Will 
the  numerous  Colonies  who  came  here  for  the  sake 
of  freedom  from  ecclesiastical  oppression,  and  by 
whose  toil  a  great  increase  of  dominion  and  com- 
merce hath  arisen  to  the  mother  country  bear  to 
find  themselves  divested  of  the  equality  and  liberty 
they  have  so  long  enjoyed  and  brought  under  the 
power  of  a  particular  denomination  and  see  them 
monopolize  all  important  places  of  trust  in  order 
to  secure  that  power? 

That  the  Episcopal  churches  should  enjoy  all 
the  privileges  of  their  own  discipline  and  govern- 
ment is  a  matter  we  have  nothing  against,  but  let 
the  Bishop  be  by  law  confined  to  the  care  of  the 
people  and  clergy  of  their  own  church  and  stript 


68  THE  LIFE   OF  ROGER  SHERMAN. 

of  all  their  formidable  power  over  other  denomi- 
nations, and  let  us  be  secured  against  bearing  the 
burden  of  their  support.  But  without  this  we  shall 
look  upon  ourselves  reduced  to  a  most  miserable 
state,  enslaved  to  the  power  of  those  whose  inter- 
ests or  ambition  may  lead  them  to  oppress  us, 
without  the  advantage  of  being  near  the  throne  to 
beg  relief,  while  they  would  be  supported  by  all 
the  power  and  influence  of  the  Bishops  at  home. 
We  have  no  more  to  object  to  a  Bishop  over  the 
Episcopal  churches  in  America,  than  among  the 
Canadians,  and  provided  they  shall  have  no  more 
to  do  with  us,  we  only  desire  the  interest  of  our 
friends  that  if  a  Bishop  must  be  sent  which  we  fear 
will  be  attended  with  bad  consequences,  they  may 
be  under  such  restraints  as  are  consistant  with  our 
present  happy  state  of  peace  and  liberty,  and  beg 
their  influence  to  prevent  these  evils  which  will  in- 
evitably disturb  the  peace  of  our  Colonies  without 
doing  any  real  service  to  religion,  or  the  Episcopal 
churches. 

Do  us  the  justice  to  assert  that  we  love  our  most 
gracious  King  and  the  English  Constitution,  that 
we  upon  principle  are  loyal  as  well  as  profitable 
subjects  and  that  our  importance  to  Great  Britain 
will  every  day  become  more  evident  and  take 
proper  opportunities  to  lay  these  dangers  before 
our  friends  with  you  which  will  oblige  thousands  in 
America  and  in  particular, 

Yours  &c. 

The  colonists  had  always  submitted  to  the 
commercial  regulations  imposed  upon  them  by 


STAMP  ACT.  69 

Parliament ;  but  the  method  of  enforcing  them 
was  becoming  vexatious  and  oppressive.  The 
commander  of  an  armed  schooner,  the  Gaspee, 
employed  in  the  revenue  service,  had  rendered 
himself  specially  obnoxious  by  his  harshness  and 
insolence  and  illegal  acts.  In  June,  1772,  the 
Gaspee  ran  aground  in  Narragansett  Bay,  while 
chasing  an  American  vessel.  That  night  she  was 
boarded  by  a  party  of  men,  who  put  the  crew 
ashore,  and  burned  the  vessel  to  the  water's  edge. 
By  a  royal  order  in  council,  the  offenders  were  to 
be  arrested  and  sent  to  England  for  trial.  But  as 
the  offenders  were  not  caught,  the  excitement 
caused  by  the  threat  to  take  them  out  of  the  coun- 
try soon  subsided. 

In  1773,  the  British  government  made  a  final 
attempt  to  collect  the  tax  on  tea.  A  drawback  of 
the  duty  paid  on  importing  tea  into  England  from 
China  was  allowed  to  the  East  India  Company 
on  exporting  it  to  America.  It  was  supposed  the 
Americans  would  thus  be  induced  to  pay  the  three 
pence  in  the  pound,  as  the  tea,  even  after  the  pay- 
ment of  that  duty,  would  be  cheaper  in  America 
than  in  England.  But  this  action  simply  made 
the  colonists  determine  that  no  tea  should  be 
landed.  At  Charleston,  Philadelphia,  and  New 
York,  the  consignees  were  intimidated  into  resign- 
ing their  commissions.  In  Boston,  the  Governor 

o 

refused  the  request  of  the  citizens  to  permit  the  tea 
ships  to  pass  out  of  the  harbor,  and  consequently, 
on  the  evening  of  the  i6th  of  December,  I773>  a 
party  of  men,  disguised  as  Indians,  boarded  the 
ships,  and  threw  the  tea  overboard. 


THE  LIFE  OF  ROGER  SHERMAN. 


CHAPTER  VI. 

WYOMING. 

IN  January,  1774,  Mr.  Sherman  was  appointed 
by  the  Connecticut  Assembly  on  a  committee  to 
consider  the  claims  of  the  settlers  near  the  Sus- 
quehannah  River.  He  thereupon  prepared  the  fol- 
lowing statement  of  the  Susquehannah  controversy. 
This  statement  was  found  among  Mr.  Sherman's 
papers,  but  it  does  not  appear  what  use  he  made 
of  it. 

"As  the  late  disturbances  among  the  people 
inhabiting  the  lands  on  the  Susquehannah  River, 
in  controversy  between  the  proprietors  of  Pennsyl- 
vania and  the  colony  of  Connecticut,  have  drawn 
the  attention  of  the  public,  it  may  not  be  amiss  to 
give  a  short  and  impartial  state  of  the  facts  relative 
to  that  affair,  to  prevent  misapprehension  and  un- 
just censure  of  any  of  the  persons  concerned  on 
either  side. 

"  There  is  a  real  claim  of  title  and  jurisdiction  by 
both  parties  over  a  tract  of  territory  about  seventy 
miles  wide  north  and  south,  and  about  two  hundred 
and  fifty  miles  long  east  and  west,  bounded  east  by 
the  river  Delaware,  and  south  by  forty-one  degrees 
north  latitude. 

"  The  colony  of  Connecticut  claim  by  a  charter 
granted  by  King  Charles  II.,  dated  the  2jrd  day  of 
April,  1662. 


WYOMING.  71 

"  The  proprietors  of  Pennsylvania  claim  by  a 
charter  granted  by  the  same  King,  dated  March 
4th,  1 68 1.  Said  proprietors  acknowledge  that  the 
land  in  controversy  is  contained  in  the  charter  to 
Connecticut,  as  appears  by  their  late  Petition  to 
the  King  in  Council,  and  there  is  no  dispute  but 
that  it  is  also  contained  in  the  charter  to  said  pro- 
prietors of  Pennsylvania. 

"  A  number  of  the  inhabitants  of  Connecticut, 
in  the  year  1754,  purchased  the  native  right  to 
that  part  of  said  land  which  is  now  inhabited,  on 
the  east  and  west  branches  of  Susquehannah  River, 
of  the  sachems  of  the  six  nations  of  Indians  in  a 
grand  congress  at  Albany  —  which  purchase  was 
approved  by  an  Act  of  the  General  Assembly  of 
the  Colony  of  Connecticut,  in  May,  1755,  and  said 
purchasers  began  a  settlement  thereon  about  the 
year  1762,  but  it  being  represented  to  the  Secre- 
tary of  State  that  continuing  said  settlement  would 
likely  bring  on  an  Indian  war,  a  requisition  was 
made  by  the  King  to  the  Governor  of  Connecticut, 
to  recall  the  letters  until  proper  measures  should 
be  taken  to  prevent  any  fresh  troubles  with  the 
Indians,  upon  which  said  settlers  removed  off  from 
said  lands,  and  in  1768,  a  line  was  settled  by  the 
King's  order  between  the  English  and  Indian  lands, 
upon  which  the  proprietors  of  Pennsylvania  made 
a  purchase  of  part  of  the  same  lands  of  the  Indians 
which  had  before  been  purchased  by  the  people  of 
Connecticut.  This  settlement  of  the  line  was  in 
the  fall  of  the  year  1768,  and  in  February,  1769, 
the  Connecticut  people  returned  to  their  former 
possessions  on  said  lands,  since  which  time  great 


72  THE  LIFE   OF  ROGER  SHERMAN. 

part  of  said  lands  have  been  by  the  proprietors  of 
Pennsylvania  granted  and  surveyed  to  particular 
persons  in  Pennsylvania  and  the  Assembly  of  that 
province  has  annexed  the  same  to  the  counties  of 
Northampton  and  Northumberland. 

"  The  Colony  of  Connecticut  also  incorporated 
a  Town  called  Westmoreland,  including  all  the  in- 
habited part  of  said  lands  and  annexed  it  to  the 
County  of  Lichfield,  which  is  since  made  a  dis- 
tinct County,  called  the  County  of  Westmoreland, 

"  The  settlers  under  the  claim  of  Connecticut  arc 
on  the  lands  near  the  east  branch  of  Susquehannah 
River,  and  the  settlers  under  the  Pennsylvania  Pro- 
prietors, on  or  near  the  west  branch  of  said  river." 

The  incorporation  of  these  settlers  into  a  town 
clothed  with  the  same  privileges  that  the  other 
towns  in  the  colony  enjoyed  created  quite  a  tu- 
mult in  Connecticut,  as  many  persons  believed  the 
claim  of  the  colony  to  these  lands  to  be  unfounded. 
Public  meetings  were  called  to  protest  against  the 
action  of  the  Assembly,  and  the  papers  teemed  with 
angry  and  sarcastic  essays  denouncing  the  legisla- 
tive proceedings.  But  the  legislature  persevered 
in  its  measures,  and  the  representatives  of  West- 
moreland were  admitted  to  a  seat  in  the  Assembly. 
Mr.  Sherman,  thereupon,  published  in  the  Con- 
necticut Journal,  April  8,  1774,  the  following  clear 
and  forcible  argument :  — 

"  There  has  been  much  altercation  of  late  con- 
cerning the  doings  of  the  honorable  general  as- 
sembly, relative  to  the  western  lands  contained  in 
our  charter,  and  many  false  insinuations  have  been 
industriously  circulated  by  some  men,  to  prejudice 


WYOMING.  73 

the  minds  of  the  people  against  the  assembly;  from 
what  motives  I  shall  not  undertake  to  determine. 
It  is  hard  to  suppose  that  the  good  of  the  colony 
has  been  the  motive,  when  the  measures  taken 
have  the  most  direct  tendency  to  its  destruction ; 
for  every  kingdom  divided  against  itself  is  brought 
to  desolation.  I  am  sensible  that  the  good  people 
of  the  towns  concerned  in  the  late  Middletown 
convention,  have  been  greatly  deceived  and  mis- 
led ;  but  I  can't  but  wonder  at  their  credulity  in 
giving  credit  to  an  anonymous  writer  in  a  news- 
paper, whose  character  they  knew  nothing  of,  who, 
in  an  audacious,  as  well  as  false  manner,  has  un- 
dertaken to  impeach  the  integrity  of  the  general 
assembly  of  the  colony.  But,  as  Luther  once  said, 
when  he  was  condemned  by  the  pope,  he  would 
appeal  from  the  pope  uninformed,  to  the  pope 
rightly  informed,  so  I  would  take  leave  to  inform 
the  people  of  some  facts  which  I  know  to  be  true, 
as  to  the  doings  of  the  general  assembly  relative 
to  the  matters  in  question,  and  then  appeal  to  the 
people,  whether  the  assembly  hath  not  acted  a 
wise  and  prudent  part  therein. 

"  In  May,  1770,  in  consequence  of  a  memorial 
preferred  by  more  than  four  thousand  of  the  free- 
men of  the  colony,  (none  of  them  interested  in  the 
Susquehannah  purchase,)  praying  the  assembly  to 
assert  and  support  the  claim  of  this  colony  to  the 
lands  contained  in  our  charter,  lying  west  of  Dela- 
ware River,  as  they  esteemed  it  to  be  a  valuable 
interest  which  the  governor  and  company  held  in 
trust  for  the  freemen  of  the  colony ;  the  assembly, 
after  mature  deliberation,  ordered  a  true  and  full 
statement  of  the  case  to  be  laid  before  counsel 


74  THE  LIFE   OF  ROGER  SHERMAN. 

learned  in  the  law  in  England ;  accordingly  the 
case  was  stated,  and  laid  before  four  of  the  princi- 
pal lawyers  in  the  kingdom,  who  unanimously  gave 
their  opinion  in  favor  of  the  title  of  the  colony.1 
And  this  measure  was  not  taken  by  influence  of 
the  Susquehannah  Company,  for  the  principal  pro- 
prietors thought  it  a  needless  precaution,  they  hav- 
ing no  doubt  about  the  validity  of  the  colony's  claim. 
"  After  the  opinion  of  counsel  was  obtained,  the 
assembly  in  October  last,  by  a  very  full  vote,  re- 
solved to  assert,  and  in  some  proper  way,  support 
the  colony's  claims  to  said  lands ;  and  then  appoint 
a  committee  to  consider  of  proper  measures  to  be 
taken  for  that  end,  who  reported,  for  substance,  all 
the  resolutions  since  come  into  by  the  assembly, 
(the  exercising  of  jurisdiction  over  the  people 
settled  there,  not  excepted,)  which  report  was  ac- 
cepted in  full  assembly.  A  great  clamor  has  been 
made  about  the  assembly's  suffering  the  members 
interested  in  the  Susquehannah  purchase  to  sit  and 
vote  in  those  matters ;  but  that  complaint,  I  con- 
ceive, is  without  any  just  foundation.  I  was  in  the 
lower  house  in  the  year  1755,  when  the  assembly 
acted  on  the  memorial  of  the  Susquehannah  com- 
pany, and  then  all  that  were  of  the  company,  were 
excluded ;  and  I  understand  that  the  same  method 
has  been  taken  by  the  house,  at  all  times  since, 
when  any  matter  has  been  debated,  or  vote  taken, 
that  concerned  the  peculiar  interest  of  the  com- 
pany. But  I  don't  remember  any  vote,  taken  by 
the  assembly  in  October  or  January  last,  wherein 
they  were  particularly  interested. 

1  This  opinion  was  given  by   Thurlow,   Wedderburn,  Jackson, 
and  Dunning. 


WYOMING.  75 

"  The  acts  then  passed,  relative  to  the  western 
lands,  were  such  as  concerned  the  colony  in  gen- 
eral ;  and  they  could  not,  by  any  rule  or  principle 
of  law  or  equity,  have  been  excluded. 

"The  assembly  considered  the  governor  and 
company  to  be  vested  with  the  legal  title  to  all  the 
lands  contained  in  our  charter,  lying  between  the 
rivers  Delaware  and  Mississippi,  except  what  the 
Indians  are  possessed  of;  and  no  persons  can  ac- 
quire a  title  to  any  part  of  them  by  purchase  from 
the  Indians,  without  a  grant  of  the  assembly ;  and 
the  Susquehannah  purchasers  don't  pretend  that 
they  have  any  legal  title  to  any  part  of  said  lands. 
But,  if  the  government  avail  themselves  of  their 
purchase  of  the  native  right,  the  purchasers  will 
expect  to  be  quieted  in  such  a  part  of  the  land  as 
will  be  an  equitable  compensation  for  their  ex- 
pense therein ;  which  must  be  determined  by  the 
assembly ;  in  which  determination  none  of  the 
company  will  be  allowed  to  vote.  If  the  idea  here 
suggested  is  just,  it  will  obviate  the  present  diffi- 
culty suggested  in  the  petition,  drawn  up  and  pub- 
lished by  the  convention  at  Middletown. 

"They  seem  to  make  some  further  difficulty 
about  exercising  jurisdiction  over  the  people  of 
the  town  of  Westmoreland,  because,  they  say,  the 
colony's  title  to  those  lands  is  contested.  In 
answer  to  which,  I  would  say,  that  it  is  not  con- 
tested, but  acknowledged,  by  the  proprietors  of 
Pennsylvania,  that  the  lands  are  contained  within 
the  original  boundaries  of  our  charter,  as  may  ap- 
pear by  a  petition  presented  by  them  to  the  king 
in  council,  a  few  years  ago.  If  it  once  belonged 


76      THE  LIFE  OF  ROGER  SHERMAN. 

to  the  colony,  and  we  have  never  yielded  it  up, 
nor  have  been  divested  of  it  by  any  judicial  deter- 
mination, what  can  be  the  mighty  danger  of  exer- 
cising government  over  the  people  who  claim  the 
privilege  of  being  under  the  jurisdiction  of  the 
colony?  I  should  think  the  greatest  danger 
would  be  on  the  other  hand ;  if  the  colony  claim  a 
title  to  the  lands  as  being  within  their  charter,  I 
don't  see  how  they  could  excuse  themselves  in 
neglecting  to  govern  the  people  settled  on  the 
lands,  for  their  right  of  soil  and  of  jurisdiction,  by 
the  charter,  are  commensurate.  But  it  is  further 
said,  that  the  doings  of  the  assembly  will  tempt 
great  numbers  of  the  people  to  settle  on  those 
lands,  and  if  they  should  be  evicted,  they  will  be 
reduced  to  poverty,  &c.  But  this  is  a  groundless 
surmise;  for  the  assembly  have  caused  a  procla- 
mation to  be  issued,  expressly  forbidding  any  more 
persons  settling  on  said  lands  without  leave  first 
obtained  from  the  assembly.  As  to  their  fears  of 
what  bloody  tragedies  may  ensue  from  clashing 
jurisdictions,  &c  —  exercising  jurisdiction  was 
judged  by  the  assembly  the  most  likely  measure 
to  prevent  all  mischiefs  of  that  kind,  and  to  pre- 
serve peace  and  good  order  among  the  people. 

"  As  to  what  the  convention  say  concerning  the 
title  of  the  colony  to  the  lands  in  question,  that  it 
is  a  matter  of  which  they  are  not  so  competent 
judges,  nor  furnished  with  facts  and  documents  by 
which  a  judgment  might  be  made,  and  so  are  willing 
and  desirous  that  the  right  of  the  colony  to  them, 
and  the  prudence  and  policy  of  asserting  that 
rig  should  be  judged  of,  and  determined,  by  a 


WYOMING.  77 

disinterested  assembly ;  —  if  this  had  gone  to  the 
whole  of  their  proceedings,  they  would  have  done 
justice  to  the  cause,  and  they  would  have  merited  the 
applause  of  their  constituents.  It  is  a  little  extra- 
ordinary, when  the  colony  has  a  cause  to  be  tried, 
which  all  parties  seem  to  think  best  should  be 
tried,  that  those  who  profess  to  be  so  very  zealous 
for  the  public  good,  should  use  every  method  in 
their  power  to  defeat  its  success.  Much  has  been 
said  to  alarm  the  people  about  the  expense  of 
a  trial  before  the  king  and  council.  Governor 
Penn,  in  his  late  conference  with  our  commission- 
ers, says  that  an  adversary  suit  can't  occasion 
much  delay  or  expense.  I  presume  it  would  not 
cost  more  than  one  farthing  on  the  pound  in  the 
list  of  this  colony,  to  decide  the  question  whether 
this  colony  joins  to  Pennsylvania  or  not;  and,  if 
that  is  determined  against  us,  there  would  be  an 
end  of  the  controversy;  but,  if  in  our  favor,  a 
further  expense  would  be  incurred  in  fixing  our 
south  boundary,  which  could  not  amount  to  any 
great  sum.  Great  part  of  the  expense  in  the 
Mason  cause,  was  occasioned  by  the  delay,  because 
Mason  was  not  able  to  carry  it  on.  But  the  final 
decision  of  that  cause  in  our  favor,  furnishes  us 
with  an  evidence  of  the  safety  of  confiding  in  the 
integrity  of  that  high  court,  when  acting  as  a  court 
of  law.  Mr.  Ingersoll,  in  a  piece  lately  published 
in  the  newspapers,  says,  '  a  defeat  will  be  very  de- 
trimental ;  but  a  victory  must  be  absolute  ruin ;  at 
least  I  think  so.'  But  he  gives  no  reason  for  his 
opinion ;  and  can  his  bare  assertion  make  the  peo- 
ple of  this  colony,  who  are  a  company  of  farmers, 


78  THE   LIFE   OF  ROGER  SHERMAN. 

believe  that  to  be  quieted  in  their  claim  to  a  large 
tract  of  valuable  land  would  ruin  them  ?  I  know 
some  gentlemen,  who  love  to  monopolize  wealth 
and  power,  think  it  best  for  lands  to  be  in  a  few 
hands,  and  that  the  common  people  should  be 
their  tenants  but  it  will  not  be  easy  to  persuade  the 
people  of  this  colony,  who  know  the  value  of  free- 
dom, and  of  enjoying  fee-simple  estates,  that  it 
would  be  best  for  them  to  give  up  the  lands  ac- 
quired for  them  by  their  ancestors,  for  the  privilege 
of  enjoying  the  same  lands  as  tenants  under  the 
proprietaries  of  Pennsylvania. 

"  The  lands  in  question  are  situated  about  the 
centre,  as  to  latitude,  of  the  English  territories  in 
North  America,  in  a  healthy  climate ;  and  the  soil 
is  said  to  be  generally  very  good ;  and  there  is 
enough  purchased  of  the  Indians  to  supply  the 
inhabitants  of  this  colony,  that  may  want  land  to 
settle  on,  perhaps  for  half  a  century  to  come. 

"  They  will  be  connected  with  us,  and  by  sharing 
in  our  civil  and  religious  privileges,  will  be  under 
the  best  advantages  to  be  virtuous  and  happy ; 
and  those  who  continue  in  this  part  of  the  colony, 
may  be  greatly  benefited  by  monies  that  may  be 
raised  by  the  sale  of  those  lands ;  and  yet  the  pur- 
chasers have  them  on  better  terms  than  they  can 
procure  lands  elsewhere ;  and  if,  in  time  to  come, 
that  part  of  the  colony  should  be  so  populous  as 
to  render  it  inconvenient  to  be  connected  with  this 
part  of  the  colony  in  government,  the  crown  would 
doubtless  be  ready,  upon  application,  to  constitute 
them  a  distinct  colony. 

"  Thus  I  have  given  you  a  short  account  of  the 


WYOMING.  79 

doings  of  the  assembly,  and  endeavored  to  obviate 
the  difficulties  and  misapprehensions  which  some 
people  have  labored  under,  relative  to  the  affair, 
and  also  to  mention  some  of  the  advantages  which 
may  accrue  to  the  colony  by  supporting  their 
claim  to  the  lands.  And,  as  I  have  no  interest  in 
the  affair  but  in  common  with  every  freeman  in  the 
colony,  nor  any  party  views  to  serve,  I  am  quite 
willing  the  freemen  should  show  their  minds,  and 
determine  it  as  they  shall  think  best.  About  half 
the  freemen  have  already  manifested  their  desire 
to  have  the  colony's  claim  supported ;  viz.,  the 
four  thousand  memorialists  afore-mentioned,  and 
the  Susquehannah  and  Delaware  companies,  which, 
I  suppose,  will  amount  to  about  one  thousand 
more ;  —  and  I  hope  the  other  freemen  will  not  re- 
linquish the  colony's  claim,  without  full  informa- 
tion and  mature  deliberation,  least  they  injure 
themselves,  their  brethren  and  posterity.  I  think 
no  more  need  be  done  than  to  choose  gentle- 
men of  known  virtue,  integrity,  and  prudence,  to 
be  members  of  the  next  general  assembly,  who 
have  approved  themselves  firm  friends  to  our  civil 
and  religious  liberties,  and  not  embarrass  them 
with  petitions  or  instructions:  they  will  be  under 
a  solemn  oath  to  act  as,  in  their  consciences,  they 
shall  judge  most  for  the  good  of  the  colony,  and 
that  must  be  the  only  rule  of  their  conduct. 

"  But  I  must  conclude,  and  can,  with  sincerity, 
subscribe  myself  a  cordial  well  wisher  to  the  peace 
and  welfare  of  the  colony. 

"  R.  SHERMAN." 


8O      THE  LIFE  OF  ROGER  SHERMAN. 

Such  a  paper,  from  a  man  of  Mr.  Sherman's 
character  and  standing,  was  effectual  in  tranquiliz- 
ing  the  public  mind.  But  the  contest  in  Wyoming 
went  on  with  ever  increasing  violence,  until  it 
ended  in  bloodshed.  Various  attempts  were  made 
to  settle  the  difficulty,  but  they  were  all  in  vain. 
At  last  the  contestants  were  summoned  before  a 
court  of  commissioners  under  the  provisions  of  the 
ninth  article  of  the  Act  of  Confederation,  and  after  a 
hearing  in  the  city  of  Trenton  from  the  i8th  of 
November  to  the  3Oth  of  December,  1782,  judg- 
ment was  pronounced  in  favor  of  Pennsylvania. 

Although  Connecticut  was  thus  defeated  in  her 
claim  to  this  particular  territory,  yet  the  assertion 
of  her  title  was  productive  of  large  and  lasting  ad- 
vantages, as  it  enabled  her,  on  ceding  to  the 
United  States,  in  1786,  her  claim  to  lands  in  the 
northwestern  territory,  held  by  the  same  tenure  as 
the  Wyoming  lands,  to  obtain  a  recognition  of  her 
title  to  that  portion  of  those  lands,  about  three  and 
a  half  millions  of  acres,  which  she  reserved  to  her 
own  use,  situated  in  the  present  limits  of  Ohio, 
and  known  as  the  Connecticut  Reserve,  and  from 
the  sale  of  which  she  has  obtained  the  school  fund 
of  over  two  millions  of  dollars,  which  her  citizens 
now  enjoy. 


THE   CONTINENTAL   CONGRESS.  8 1 


CHAPTER  VII. 

THE  CONTINENTAL  CONGRESS. 

TEN  years  of  controversy  passed  before  the  col- 
onies could  be  brought  to  present  a  united  front  to 
the  aggressions  of  Great  Britain.  A  few  clear- 
headed and  far-sighted  statesmen  may  have,  at  a 
very  early  day,  despaired  of  maintaining  the  rights 
of  the  colonies  if  the  connection  with  Great  Britain 
were  preserved.  But  nothing  could  show  more 
clearly  the  loyalty  of  the  great  body  of  the  people, 
and  their  unwillingness  to  sever  the  tie  which  bound 
them  to  the  mother  country,  than  the  eagerness 
with  which  they  welcomed  every  appearance  of 
concession  to  their  claims.  The  outburst  of  indig- 
nation which  the  Stamp  Act  provoked  was  followed 
by  an  outburst,  no  less  passionate,  of  loyalty  and 
gratitude  on  its  repeal.  The  excitement  produced 
by  the  Charles  Townshend  act  was  largely  allayed 
by  the  partial  repeal  of  that  act.  The  alarm  ex- 
cited by  the  threat  to  remove  to  England  for  trial 
the  destroyers  of  the  Gaspee  subsided  as  soon  as 
that  plan  was  abandoned.  The  hostility  to  the 
Tea  Act,  which  culminated  in  the  destruction  of 
the  tea  in  Boston  harbor,  was  soon  followed  by  a 
period  of  lethargy.  So  late  as  April  9,  1774,  John 
Adams  wrote  to  James  Warren,  "  I  am  of  the 
same  opinion  that  I  have  been  for  years,  that 

6 


82  THE  LIFE   OF  ROGER  SHERMAN: 

there  is  not  spirit  enough  on  either  side  to  bring 
the  question  to  a  complete  decision.  .  .  .  Our  chil- 
dren may  see  revolutions,  and  be  concerned  and 
active  in  effecting  them,  of  which  we  can  form  no 
conception." 

But  the  revolution  was  nearer  than  John  Adams 
thought.  The  British  ministry  were  determined  to 
make  an  example  of  Massachusetts,  for  the  de- 
struction of  the  tea.  By  the  Boston  Port  Bill,  its 
commerce  was  destroyed.  By  the  Regulating  Act, 
its  charter  was  so  altered  as  to  deprive  that  colony 
of  some  of  its  most  important  rights.  An  act  re- 
lating to  the  administration  of  justice  provided  for 
the*  transportation  of  offenders  and  witnesses  to 
other  colonies  or  to  England  for  trial.  To  enforce 
these  acts  the  harbor  of  Boston  was  inclosed  with 
a  cordon  of  war  vessels,  and  General  Gage,  who 
was  made  the  new  Governor  of  Massachusetts, 
landed  a  body  of  troops  in  the  doomed  city. 

The  limit  of  endurance  was  at  last  reached.  The 
other  colonies  made  the  cause  of  Massachusetts 
their  own.  Resolutions  of  sympathy  poured  in 
from  every  quarter,  and  at  the  same  time  supplies 
were  generously  forwarded  to  relieve  the  wants  of 
the  suffering.  The  necessity  for  united  action  was 
at  length  apparent  to  all,  and  Massachusetts  was 
requested  to  name  the  time  and  place  for  a  Con- 
gress of  all  the  colonies. 

On  the  5th  of  September,  1774,  the  delegates 
from  twelve  colonies  assembled  in  Philadelphia, 
and  formed  the  first  Continental  Congress.  Con- 
necticut elected  as  its  delegates  Eliphalet  Dyer, 
William  S.  Johnson,  Erastus  Wolcott,  Silas  Deane, 


THE    CONTINENTAL    CONGRESS.  83 

and  Richard  Law.  Of  these  Johnson,  Wolcott,  and 
Law  declined  to  serve  on  account  of  other  en- 
gagements, or  ill  health,  and  in  their  place  Roger 
Sherman  and  Joseph  Trumbull  were  elected. 
Those  who  attended  the  Congress  were  Dyer, 
Sherman,  and  Deane. 

The  object  of  this  Congress,  as  set  forth  in  the 
commissions  of  the  delegates,  was  to  procure  a 
redress  of  grievances,  and  to  restore  harmony  be- 
tween Great  Britain  and  America.  It  was  there- 
fore determined  to  limit  the  action  of  Congress  to 
the  following  objects,  —  a  declaration  of  rights  and 
an  account  of  their1  violation,  a  petition  to  the  King, 
a  memorial  to  the  inhabitants  of  the  colonies,  a 
memorial  to  the  people  of  Great  Britain,  a  memo- 
rial to  the  non-represented  colonies,  and  a  non- 
importation, non-exportation,  and  non-consumption 
agreement. 

The  first  question  that  came  before  the  Congress 
was  as  to  the  manner  of  voting,  the  smaller  colo- 
nies insisting  that  each  colony  should  have  one 
vote,  and  the  larger  that  representation  should  be 
in  proportion  to  population  or  property.  This 
question,  which  created  so  much  discussion  in  the 
debates  on  the  Confederation,  and  afterwards  on 
the  Constitution,  was  for  the  present  deferred ; 
and  it  was  decided  that  each  colony  should  have 
one  vote,  assigning  as  a  reason,  to  prevent  this  ac- 
tion from  being  considered  as  a  precedent,  that  the 
Congress  was  not  possessed  of,  or  at  present  able 
to  procure,  proper  materials  for  ascertaining  the 
importance  of  each  colony. 

The  Committee  on  the  Declaration   of  Rights 


84  THE  LIFE   OF  ROGER  SHERMAN. 

consisted  of  two  from  each  colony.  The  members 
from  Connecticut  were  Eliphalet  Dyer  and  Roger 
Sherman.  The  article  in  the  Declaration  of  Rights 
which  excited  most  debate  was  that  in  reference  to 
laws  of  trade  and  commerce.  Five  of  the  colonies 
were  in  favor  of  conceding  to  Parliament  the  right 
of  regulating  trade,  five  were  opposed  to  it,  and  two 
—  Massachusetts  and  Rhode  Island  —  were  di- 
vided. Finally,  John  Adams,  by  request,  drew  up 
a  statement  which  was  adopted.  It  forms  the  last 
part  of  the  fourth  resolution,  and  is  as  follows :  — 
"  But  from  the  necessity  of  the  case,  and  a  regard 
to  the  mutual  interest  of  both  countries,  we  cheer- 
fully consent  to  the  operation  of  such  acts  of  the 
British  Parliament  as  are  bona  fide  restrained  to 
the  regulation  of  our  external  commerce,  for  the 
purpose  of  securing  the  commercial  advantages  of 
the  whole  empire  to  the  mother  country,  and  the 
commercial  benefits  of  its  respective  members; 
excluding  every  idea  of  taxation,  internal  or  ex- 
ternal, for  raising  a  revenue  on  the  subjects  in 
America  without  their  consent." 

We  have  already  seen  that  Mr.  Sherman  was 
unwilling  to  concede  to  Parliament  the  right  to 
legislate  for  the  colonies  in  any  case  whatever,  and 
have  given  from  Mr.  Adams's  diary  the  remarks 
which  he  made  in  Congress  on  this  subject. 

The  non-importation  agreement,  which  was  signed 
by  the  delegates,  and  which  provided  for  a  com- 
mittee of  vigilance  in  every  town  and  county  to 
enforce  its  provisions,  constituted  a  new  bond  of 
union,  which  kept  alive  the  national  spirit  during 
the  recess  of  Congress.  John  Adams  called  it 


THE   CONTINENTAL    CONGRESS.  85 

"The  memorable  league  of  the  continent  in  1774, 
which  first  expressed  the  sovereign  will  of  a  free 
nation  in  America."  The  second  article  of  this 
agreement  was  a  provision  against  the  slave  trade. 
This  agreement  is  known  as  the  Association  of 

1774- 

Congress  was  dissolved  the  26th  of  October, 
after  having  provided  for  another  Congress  on  the 
loth  of  May,  1775,  unless  meantime  there  should 
be  a  redress  of  grievances,  and  invited  all  the  colo- 
nies in  North  America  to  send  deputies  to  it.  Eli- 
phalet  Dyer,  Roger  Sherman,  and  Silas  Deane  were 
again  chosen  to  represent  Connecticut  in  Congress. 

When  the  Congress  of  1775  assembled,  the  con- 
flict at  Lexington  and  Concord  had  taken  place, 
and  the  royal  troops  had  been  shut  up  in  Boston 
by  the  New  England  militia  which  had  gathered 
to  aid  the  Massachusetts  patriots.  A  handful  of 
troops  from  Vermont  had  captured  Ticonderoga 
and  Crown  Point.  Notwithstanding  this  state  of 
hostilities,  and  the  rejection  of  the  petition  of  the 
former  Congress,  it  was  resolved  to  make  one 
more  attempt  at  conciliation  by  presenting  an- 
other petition  to  the  King.  At  the  same  time  it 
was  resolved  that  the  colonies  be  immediately  put 
in  a  state  of  defence.  The  force  besieging  Boston 
was  adopted  by  Congress,  and  a  code  of  rules  was 
prepared  for  the  government  of  the  army  of  the 
United  Colonies. 

The  important  matter  of  the  selection  of  a  com- 
mander-in-chief  now  came  up  for  decision.  John 
Adams  at  once  declared  himself  in  favor  of  Wash- 
ington, but  some  were  in  doubt  whether  a  southern 


86      THE  LIFE  OF  ROGER  SHERMAN. 

man  would  be  acceptable  to  the  New  England 
troops.  Mr.  Adams,  in  his  diary,  says  :  "  The 
subject  came  under  debate,  and  several  gentlemen 
declared  themselves  against  the  appointment  of 
Mr.  Washington,  not  on  account  of  any  personal 
objection  against  him,  but  because  the  army  were 
all  from  New  England,  had  a  general  of  their  own, 
appeared  to  be  satisfied  with  him,  and  had  proved 
themselves  able  to  imprison  the  British  army  in 
Boston,  which  was  all  they  expected  or  desired  at 
that  time.  Mr.  Pendleton  of  Virginia,  Mr.  Sher- 
man of  Connecticut,  were  very  explicit  in  declar- 
ing this  opinion."1  But  when,  on  June  I5th,  the 
matter  came  to  a  vote,  which  was  by  ballot,  the 
election  of  Washington  was  unanimous. 

Mr.  Sherman  was  disappointed  in  not  being  able 
to  secure  for  Major  General  David  Wooster,  in 
command  of  the  Connecticut  forces  near  New 
York,  the  same  rank  in  the  Continental  army  that 
he  held  in  the  Connecticut  army,  as  will  appear 
from  the  following  correspondence. 

PHILADELPHIA,  June  23,  1775. 

DEAR  SIR,  —  The  Congress  having  determined 
it  necessary  to  keep  up  an  army  for  the  defence  of 
America  at  the  charge  of  the  united  colonies,  have 
appointed  the  following  general  officers.  George 
Washington  Esq.,  Commander-in-Chief,  Major 
Generals  Ward,  Lee,  Schuyler,  and  Putnam,  Bri- 
gadier Generals  Pomroy,  Montgomery,  yourself, 
Heath,  Spencer,  Thomas,  Major  Sullivan  of  New 

Hampshire,  and  one  Green  of  Rhode  Island.     I  am 

\ 

1  Adams's  Works,  v.  ii.  417. 


THE   CONTINENTAL    CONGRESS.  87 

sensible  that  according  to  your  former  rank,  you 
were  entitled  to  the  place  of  a  Major  General; 
and  as  one  was  to  be  appointed  in  Connecticut  I 
heartily  recommended  you  to  the  Congress.  I  in- 
formed them  of  the  arrangement  made  by  our 
Assembly,  which  I  thought  would  be  satisfactory, 
to  have  them  continue  in  the  same  order :  but  as 
General  Putnam's  fame  was  spread  abroad  and  es- 
pecially his  successful  enterprise  at  Noddle's 
Island,  the  account  of  which  had  just  arrived,  it 
gave  him  a  preference  in  the  opinion  of  the  Dele- 
gates in  general  so  that  his  appointment  was  unani- 
mous among  the  colonies.  But  from  your  known 
abilities  and  firm  attachment  to  the  American 
cause  we  were  very  desirous  of  your  continuance 
in  the  army,  and  hope  you  will  accept  of  the  ap- 
pointment made  by  the  Congress.  I  think  the  pay 
of  a  Brigadier  is  about  one  hundred  and  twenty- 
five  dollars  per  month.  I  suppose  a  commission 
is  sent  to  you  by  General  Washington.  We  re- 
ceived intelligence  yesterday  of  an  engagement  at 
Charlestown,  but  have  not  had  the  particulars. 
All  the  Connecticut  troops  are  now  taken  into  the 
Continental  army.  I  hope  proper  care  will  be 
taken  to  secure  the  Colony  against  any  sudden  in- 
vasion, which  must  be  at  their  own  expense.  I 
have  nothing  further  that  I  am  at  liberty  to  ac- 
quaint you  with  of  the  doings  of  the  Congress  but 
what  have  been  made  public.  I  would  not  have 
anything  published  in  the  papers  that  I  write,  lest 
something  may  inadvertently  escape  one  which 
ought  not  to  be  published.  I  should  be  glad  if 
you  would  write  to  me  every  convenient  opportu- 


88  THE  LIFE   OF  ROGER  SHERMAN. 

nity  and  inform  me  of  such  occurrences  and  other 
matters  as  you  may  think  proper  and  useful  for  me 
to  be  acquainted  with.     I  am  with  great  esteem, 
your  humble  servant, 

ROGER  SHERMAN. 

P.  S.   The  General  officers  were  elected  in  the 
Congress,  not  by  nomination  but  by  ballot. 
DAVID  WOOSTER,  Esq. 

CAMP  NEAR  NEW  YORK,  July  7th,  1775. 

DEAR  SIR,  —  Your  favor  of  the  23rd  ult  I  re- 
ceived, in  which  you  inform  me  that  you  recom- 
mended me,  but  without  effect  to  the  Congress  for 
the  berth  of  Major  General.  Your  friendship  I 
never  doubted,  and  this  fresh  instance  I  shall  ever 
gratefully  remember. 

I  enclose  with  this  the  commission  delivered  to 
me  by  General  Washington.  You  will  see  that 
somehow  by  mistake  it  was  never  dated.  You  will 
be  good  enough  to  deliver  it  to  Mr  Hancock  with 
my  best  compliments,  and  desire  him  not  to  re- 
turn it  to  me.  I  have  already  a  commission  from 
the  assembly  of  Connecticut.  No  man  feels  more 
sensibly  for  his  distressed  country,  nor  would  more 
readily  exert  his  utmost  for  its  defence,  than  my- 
self. My  life  has  been  ever  devoted  to  the  service 
of  my  country  from  my  youth  up ;  though  never 
before  in  a  cause  like  this,  a  cause  which  I  could 
most  cheerfully  risk,  nay  lay  down  my  life  to 
defend. 

Thirty  years  I  have  served  as  a  soldier;  my 
character  was  never  impeached  nor  called  in  ques- 
tion before.  The  Congress  have  seen  fit,  for  what 


THE   CONTINENTAL    CONGRESS.  89 

reason  I  know  not,  to  point  me  out  as  the  only  of- 
ficer among  all  that  have  been  commissioned  in 
the  different  colonies,  who  is  unfit  for  the  post 
assigned  him.  The  subject  is  a  delicate  one.  For 
further  particulars,  as  well  as  for  an  account  of  the 
stores  taken  at  Turtle  Bay,  I  must  refer  you  to  my 
letter  of  this  date  to  Col.  Dyer.  I  am,  Sir,  in  haste 
your  sincere  friend  and  humble  servant 

DAVID  WOOSTER. 

To  the  Hon.  ROGER  SHERMAN. 

During  the  year  1775,  a  portion  of  the  com- 
mittees on  which  Mr.  Sherman  was  chosen  to 
serve  were  the  following,  viz. :  to  devise  ways  and 
means  to  put  the  militia  of  America  into  a  proper 
state  of  defence;  to  consider  the  Susquehannah 
case ;  to  consider  the  instructions  to  New  Hamp- 
shire on  the  formation  of  a  local  government ;  to 
consider  the  treaty  with  the  Indians  by  the  com- 
missioners of  the  northern  department ;  to  inquire 
into  frauds  in  army  contracts ;  to  inquire  into  the 
needs  of  the  inhabitants  of  Nantucket  for  fuel  and 
provisions. 

The  second  petition  to  the  King  was  answered 
by  a  proclamation  denouncing  as  rebels  all  those 
who  opposed  the  measures  of  government,  and 
threatening  them  with  condign  punishment.  The 
vessel  that  brought  this  proclamation  brought  also 
the  news  that  ten  thousand  Hanoverians  were  about 
to  join  the  British  forces  in  America. 

This  proclamation  put  an  end  to  all  hope  of  rec- 
onciliation with  the  mother  country.  Congress  no 
longer  hesitated  to  advise  the  colonies  to  call  a  full 


9O      THE  LIFE  OF  ROGER  SHERMAN. 

and  free  representation  of  the  people,  and  establish 
in  each  such  a  form  of  government  as  would  best 
promote  their  well  being.  This  was  substantial 
independence,  though  it  took  six  months  before 
all  the  colonies  were  ready  for  its  formal  declara- 
tion. But  from  this  time  on,  the  leading  patriots 
bent  all  their  energies  to  devising  means  for  the 
successful  prosecution  of  the  war  with  Great  Britain. 
"  I  am  sick,"  said  John  Adams,  "  of  the  words 
mother  country." 

At  the  outbreak  of  hostilities,  Mr.  Sherman's  son 
Isaac,  then  in  his  twenty-second  year,  was  in  Massa- 
chusetts, looking  for  an  opening  in  business.  He 
at  once  entered  the  Massachusetts  army  with  the 
rank  of  captain.  He  remained  in  the  military  ser- 
vice of  his  country  to  the  close  of  the  war.  On 
March  26,  1776,  he  was  promoted  to  the  rank  of 
major,  and  on'October  28,  1776,  on  the  recommend- 
ation of  General  Washington,  he  was  given  com- 
mand of  the  Eighth  Connecticut  Regiment,  with 
the  title  of  lieutenant  colonel  commandant.  His 
record  was  among  the  most  honorable  in  the  Con- 
necticut Line,  and  he  received  favorable  notice 
from  Washington.  He  fought  bravely  at  New 
Rochelle,  Trenton,  Princeton,  where  he  led  the 
advanced  guard,  Monmouth,  and  Stony  Point.  In 
1785,  he  was  appointed  by  Congress  assistant  sur- 
veyor of  western  territory.  His  later  years  were 
spent  in  Connecticut  and  New  Jersey.  He  died 
unmarried  in  Hunterdon  County,  New  Jersey,  Feb- 
uary  16,  1819.  While  with  the  army  besieging 
Boston,  in  the  fall  of  1775,  he  wrote  the  following 
letter  to  his  father :  — 


THE   CONTINENTAL    CONGRESS.  91 

BROOKLINE  FORT  AT  SEWALLS  POINT  Sept.  8,  1775. 

HONORED  SIR,  —  I  received  your  letter  dated 
August"  2  ist,  which  is  the  only  one  received  since 
that  favored  by  Col.  Folsom.  It  gives  me  great 
pleasure  to  hear  that  my  friends  are  in  a  good  state 
of  health.  Mr  Dagget's  stay  was  so  very  short, 
that  I  could  not  possibly  have  wrote,  he  told  me 
you  would  set  out  for  Philadelphia  before  his  re- 
turn. I  was  appointed  by  the  Mass.  Province. 
Business  of  almost  every  kind  was  entirely  stag- 
nated in  this  Province  by  reason  of  the  public  diffi- 
culties which  rendered  it  almost  impossible  to  obtain 
any  employment  sufficient  to  procure  a  maintenance, 
was  an  inducement  for  me  to  enter  the  army: 
but  far  from  being  the  only  one.  The  goodness 
of  the  cause,  a  desire  of  being  an  useful  member 
of  society  and  of  serving  my  country,  a  thirst 
for  glory,  real  glory,  were  the  grand  incentives. 
I  hope  by  the  assistance  of  the  Deity  I  shall  be 
enabled  to  serve  every  useful  end,  never  to  reflect 
dishonor  upon  the  family  or  myself.  The  distance 
being  so  great,  the  necessity  of  being  expeditious 
in  recruiting  rendered  it  almost  impossible  to  have 
consulted  with  you  on  the  affair.  I  am  so  far  from 
thinking  the  advice  of  the  experienced  disadvan- 
tageous to  youth,  that  I  apprehend  it  to  be  the 
incumbent  duty  of  young  men  to  consult  and  ad- 
vise with  those  who  are  acquainted  with  the  vari- 
ous manoeuvres  of  mankind,  and  especially  with 
a  kind  indulgent  parent,  who  always  consults  the 
good  of  his  children.  The  questions  you  proposed 
I  shall  answer  with  pleasure.  I  am  situated  at 


92      THE  LIFE  OF  ROGER  SHERMAN. 

Brookline  Fort  at  Sewalls  Point  situated  between 
Cambridge  and  Roxbury  on  Charles  River.  We 
have  no  great  prospect  of  a  battle  at  present.  They 
will  never  presume  without  a  very  considerable 
reinforcement  to  attempt  to  force  our  lines  which 
are  very  strong :  Nor  we  theirs.  The  army  is  very 
healthy,  in  fine  spirits,  resolute  in  the  cause.  We 
have  no  certain  news  from  the  British  troops.  A 
few  deserters  now  and  then,  but  their  relations  are 
to  be  but  little  depended  on.  The  people  in  Boston 
have  been  and  are  still  in  a  very  disagreeable  situa- 
tion. They  have  liberty  to  come  out  but  they  come 
out  very  slow,  for  a  few  boats  pass  a  day  and  those 
over  Winipinet  Ferry  only.  The  Generals  are  well. 
We  have  various  accounts  from  England  but  no 
intelligence  to  be  depended  on.  Nothing  remark- 
able has  happened  here  of  late.  Judges  nor  justices 
are  appointed.  But  the  assembly  in  their  next 
session  I  understand  are  a  going  to  appoint  them. 
The  Council  at  present  are  settling  the  militia  of 
the  Province.  I  should  esteem  it  a  great  favor  to 
be  informed  as  soon  as  possible  of  the  plan  pre- 
ferred by  the  Continental  Congress  for  raising 
troops  for  the  ensuing  campaign.  Whether  I  could 
obtain  the  command  of  a  regiment  if  I  could  raise 
one.  There  are  a  number  of  things  I  stand  in 
great  need  of,  which  cannot  easily  be  procured 
here  but  at  a  very  extravagant  price,  should  be 
glad  if  you  would  furnish  me  with  a  genteel  hanger, 
a  yard  and  an  half  of  superfine  scarlet  broadcloth, 
with  suitable  trimmings,  for  a  coat  of  uniform,  and  a 
piece  of  Holland.  I  am  in  good  health,  very  much 
pleased  with  a  military  life,  tho'  attended  with 


THE   CONTINENTAL    CONGRESS.  93 

many  inconveniences.  I  shall  for  the  future  take 
every  opportunity  of  writing,  and  when  anything 
of  importance  occurs,  shall  endeavor  to  give  the 
earliest  intelligence.  I  am  Sir, 

Your  most  dutiful  son, 

ISAAC  SHERMAN. 

N.  B.  I  should  be  glad  to  know  what  number 
of  men  a  regiment  will  consist  of  in  the  ensuing 
campaign.  Mr  Seevar  the  bearer  of  this  will  tarry 
some  days  in  Philadelphia,  he  is  after  goods.  You 
may,  if  agreeable,  have  an  opportunity  of  sending 
the  things  I  wrote  for  with  his,  and  they  will  be 
conveyed  with  safety  to  me.  Mr  Seevar  will  pur- 
chase the  quantity  of  goods  he  proposes  at  New 
York,  these  things  may  be  obtained  there  and  sent 
with  his,  if  equally  agreeable  to  you. 

To  the  Honorable  ROGER  SHERMAN  Esq.  at  Philadelphia, 
favored  by  Mr  Seevar. 

In  the  beginning  of  the  year  1776,  news  was  re- 
ceived at  Philadelphia  of  a  conflict  between  the 
Connecticut  settlers  and  the  Pennsylvanians  at  Wy- 
oming. Mr.  Sherman  immediately  wrote  the  fol- 
lowing letter  to  Zebulum  Butler,  of  Wyoming,  for 
the  purpose  of  preventing  further  disturbances. 

PHILADELPHIA  Jan.  19, 1776. 

SIR,  —  The  enclosed  paper  contains  several 
resolutions  of  the  Congress  and  an  Act  of  the  As- 
sembly of  Connecticut.  Col.  Dyer  informs  me  that 
he  sent  copies  of  the  resolves  of  Congress  imme- 
diately after  they  were  passed  to  you  and  to  the 


94      THE  LIFE  OF  ROGER  SHERMAN. 

magistrates  in  the  county  of  Northumberland.  We 
have  had  an  account  of  an  attack  on  our  people  by 
some  of  the  Pennsylvanians  who  were  repulsed  with 
the  loss  of  two  men  killed,  but  heard  nothing  from 
the  Connecticut  people  relative  to  that  action, 
or  whether  they  sustained  any  loss.  There  is  a 
report  here  that  your  people  have  given  some  dis- 
turbance to  the  settlers  under  Pennsylvania.  I 
should  be  glad  of  a  particular  account  from  you  of 
the  situation  of  affairs  relative  to  that  unhappy  con- 
troversy which  tends  to  weaken  the  union  of  the 
Colonies  at  the  present  alarming  crisis.  I  hope 
you  will  do  all  in  your  power  to  prevent  any  dis- 
turbances being  given  to  the  settlers  under  Penn- 
sylvania by  our  people  and  that  the  resolutions  of 
Congress  be  duly  observed.  You  will  observe  that 
the  Assembly  of  Connecticut  have  shortened  the 
western  limit  of  Westmoreland.  I  would  advise 
that  no  jurisdiction  be  exercised  over  the  settlers 
under  Pennsylvania  within  the  limits  of  the  said 
town,  if  any  be  contrary  to  their  mind.  Col.  Dyer 
and  Mr  Dean  have  left  Congress,  the  time  they 
were  appointed  for  being  expired,  and  Oliver  Wol- 
cott  and  Samuel  Huntington  Esqrs.  are  now  at- 
tending in  their  stead.  You  will  observe  that  the 
Congress  have  recommended  that  all  the  effects 
taken  and  detained  from  any  persons  in  the  con- 
troverted lands  be  restored.  It  will  be  proper  to 
apply  to  the  magistrates  who  took  cognizance  of 
that  matter  for  restitution  or  to  the  sheriff  who 
had  the  goods  in  custody,  and  if  they  are  not  re- 
stored that  the  case  may  be  represented  to  the 
Congress  and  if  anything  hath  been  taken  from  the 


THE    CONTINENTAL    CONGRESS.  95 

people  of  Pennsylvania  by  the  Connecticut  people 
that  the  same  be  restored.  I  am  Sir,  with  due 
regards,  Your  humble  servant 

ROGER  SHERMAN. 

ZEBULUM  BUTLER  Esqr. 

The  confidence  reposed  in  the  abilities  and  in- 
tegrity of  Mr.  Sherman  is  shown  in  the  great  num- 
ber of  important  committees  on  which  he  was 
appointed.  May  6,  1776,  he  was  appointed  on  a 
committee  to  devise  ways  and  means  to  raise  ten 
million  dollars.  May  25,  1776,  he  was  appointed 
on  a  committee  to  concert  plans,  with  General 
Washington,  General  Gates,  and  General  Mifm'n, 
for  the  ensuing  campaign.  On  the  I  ith  of  June, 
1776,  a  committee  of  five  to  draft  a  Declaration  of 
Independence  was  appointed,  consisting  of  Thomas 
Jefferson,  John  Adams,  Benjamin  Franklin,  Roger 
Sherman,  and  Robert  Livingston.  On  the  I2th  of 
June,  1776,  Mr.  Sherman  was  placed  on  a  com- 
mittee of  one  from  each  colony  to  prepare  Articles 
of  Confederation.  On  the  I3th  of  June,  1776,  the 
Board  of  War  and  Ordnance  was  created,  consisting 
of  John  Adams,  Roger  Sherman,  Benjamin  Harri- 
son, James  Wilson,  and  Edward  Rutledge.  June 
24,  1776,  he  was  placed  on  a  committee  to  inquire 
into  the  cause  of  the  miscarriage  in  Canada.  Sep- 
tember 20,  1776,  he  was  placed  on  a  committee 
of  three  to  visit  headquarters,  and  inquire  into  the 
state  of  the  army,  and  the  best  means  of  supplying 
its  wants. 

To  perform  the  duties  required  by  these  various 
and  important  appointments  would  seem  to  have 
tasked  a  giant's  strength.  John  Adams  thus 


96      THE  LIFE  OF  ROGER  SHERMAN. 

speaks  of  his  own  labors  on  the  Board  of  War: 
"  The  duties  of  this  board  kept  me  in  continual 
employment,  not  to  say  drudgery,  from  the  I2th  of 
June  1776,  till  the  nth  of  November  1777,  when  I 
left  Congress  forever.  Not  only  my  mornings  and 
evenings  were  filled  up  with  the  crowd  of  business 
before  this  board,  but  a  great  part  of  my  time  in 
Congress  was  engaged  in  making,  explaining,  and 
justifying  our  reports  and  proceedings." 

The  Articles  of  Confederation  were  reported  by 
John  Dickinson,  and  were  debated  from  time  to 
time.  August  I,  1776,  the  I7th  Article,  with  re- 
ference to  the  method  of  voting,  was  discussed. 
The  delegates  from  the  larger  States,  John  Adams, 
Franklin,  and  others,  insisted  that  the  representa- 
tion should  be  according  to  population  or  wealth. 
The  opinions  of  Mr.  Sherman  are  thus  recorded  in 
John  Adams's  diary :  —  * 

"  Sherman  thinks  we  ought  not  to  vote  accord- 
ing to  numbers.  We  are  representatives  of  States, 
not  individuals.  States  of  Holland.  The  consent 
of  every  one  is  necessary.  Three  colonies  would 
govern  the  whole,  but  would  not  have  a  majority  of 
strength  to  carry  the  votes  into  execution.  The  vote 
should  be  taken  two  ways ;  Call  the  colonies  and 
call  the  individuals,  and  have  a  majority  of  both." 

Mr.  Sherman,  in  this  proposition,  anticipated 
the  compromise  plan  which,  eleven  years  later,  he 
suggested  and  carried  through  the  Constitutional 
Convention  of  1787. 

In  October  of  this  year  Rev.  Samuel  Hopkins 
sent  to  Mr.  Sherman  a  pamphlet,  entitled  "A  dia- 
logue concerning  the  Slavery  of  the  Africans ;  and 
1  Works,  vol.  ii.  499. 


THE   CONTINENTAL    CONGRESS.  97 

an  address  to  Slaveholders, "and  with  it  the  follow- 
ing letter,  which  is  interesting  as  showing  that  in 
this  early  anti-slavery  movement,  it  was  proposed 
to  send  missionaries  to  the  Africans  in  the  Southern 
States. 

STOCKBRIDGE,  8th  Oct.  1776. 

MUCH  HONORED  SIR, — As  a  good  opportu- 
nity presents,  I  take  leave  to  send  you  a  pamphlet, 
which  I  find  is  dedicated  to  the  most  honorable 
Congress,  not  knowing  that  any  of  them  have  yet 
reached  Philadelphia.  I  also  enclose  to  you  sev- 
eral copies  of  a  piece  relating  to  a  proposed 
African  Mission,  desiring  you  to  make  the  use  of 
them  you  shall  think  best  I  also  take  leave  to 
ask  your  judgment  and  advice  whether  it  will  be 
thought  proper,  and  will  answer  any  good  purpose 
or  tend  to  promote  this  design  if  Dr  Stiles  and 
myself  shall  particularly  apply  to  Congress  for 
their  patronage  and  encouragement  in  any  way 
which  they  shall  think  most  proper. 

And  as  no  way  now  opens  to  send  these  proposed 
Missionaries  to  Guinea,  it  has  been  proposed  by 
several  gentlemen  if  no  way  shall  open  for  their  go- 
ing to  Africa  in  the  Spring,  to  send  them  into  the 
Southern  States  to  teach  the  negroes  there,  many 
thousands  of  whom  are  almost,  if  not  quite  as  much 
in  a  heathen  state,  as  are  the  natives  of  Africa.  It 
is  thought  that  if  they  can  be  recommended  by  the 
Synod  in  these  states  and  obtain  the  approbation 
of  Congress,  in  making  their  attempt  there  will  be 
encouragement  sufficient  for  them  to  undertake  it. 
The  approbation  of  the  Synod  may  doubtless  be 
obtained.  But  there  is  a  doubt  whether  the  honor- 

7 


98  THE  LIFE   OF  ROGER  SHERMAN. 

able  members  of  Congress  would  be  inclined  or 
think  proper  to  do  anything  in  such  an  affair, 
should  they  be  applied  to.  I  therefore  presume  to 
use  the  freedom  to  ask  you  to  give  me  your  judg- 
ment and  advice  on  this  head  also,  when  you  have 
consulted  with  any  of  the  honorable  members,  and 
taken  measures  to  learn  their  sentiments  respect- 
ing it  as  you  shall  think  best. 

I  am  now  here  on  a  visit  to  my  family  and  hope 
to  return  to  Newport  in  a  few  weeks.  If  you  will  be 
so  good  as  to  write  me  an  answer  to  the  above,  you 
will  doubtless  have  opportunity  to  send  to  Newport 
by  the  same  conveyance  by  which  Mr.  Ellery  sends 
to  his  family,  if  no  other  opportunity  presents. 

Wishing  your  precious  life  may  be  spared  and 
that  you  may  be  made  a  very  great  blessing  in 
your  present  most  honorable  and  important  station, 
I  am  most  honorable  Sir  with  great  respect  and 
esteem  your  sincere  friend 

and  humble  servant 

SAMUEL  HOPKINS. 

The  currency  problems  now  began  to  create 
great  anxiety  in  Congress.  In  a  letter  to  Governor 
Trumbull,  of  March  4,  1777,  Mr.  Sherman  says: 
"  The  evil  occasioned  by  the  fluctuating  and  exor- 
bitant prices  of  things  is  very  sensibly  felt  here.  .  .  . 
The  best  way  to  preserve  the  credit  of  the  currency, 
and  render  the  prices  of  articles  stable,  is  to  raise 
the  supplies  for  carrying  on  the  war  by  taxes,  as 
far  as  possible,  and  the  rest  by  loans.  It  seems  to 
be  the  present  opinion  of  Congress  that  there  be 
no  further  emission  of  Bills  than  what  is  already 


THE   CONTINENTAL    CONGRESS.  99 

ordered,  if  it  can  possibly  be  avoided,  and  that  the 
most  effectual  measures  be  taken  to  support  the 
credit  of  those  already  emitted.  Accordingly  a 
tax  is  recommended  to  the  several  States,  and  as 
the  rule  to  determine  the  quotas  is  not  yet  estab- 
lished by  the  legislatures  of  the  several  States, 
(which  is  to  be  done  by  the  Confederation,)  each 
state  is  called  upon  to  raise  as  large  a  sum  as  cir- 
cumstances will  admit,  with  an  engagement  to  al- 
low interest  at  six  per  cent  for  what  any  state  may 
raise  more  than  its  just  quota  of  the  whole  sum 
that  shall  be  raised." 

At  the  close  of  the  letter  he  refers  to  an  attempt 
to  raise  money  by  a  lottery.  "  Doctor  Jackson, 
one  of  the  managers  of  the  Lottery  of  the  United 
States,  by  whom  I  expect  to  send  this,  is  on  a 
journey  through  New  England  to  dispose  of  the 
lottery  tickets.  He  requested  me  to  recommend 
to  him  suitable  persons  in  Connecticut  to  receive  a 
number  of  them  for  sale."  He  then  states  that  he 
named  several  persons  in  the  western  counties,  and 
that  he  referred  him  to  the  Governor  for  others  in 
the  eastern. 

At  the  October  session,  1781,  of  the  Connecticut 
Assembly,  a  resolution,  in  the  handwriting  of 
Roger  Sherman,  was  passed  repealing  an  act  of  the 
previous  Assembly  authorizing  a  lottery  at  Hart- 
ford, the  proceeds  to  be  used  for  sinking  $6,000,000 
of  the  old  Continental  bills. 

The  severe  and  incessant  labors  performed  by 
Mr.  Sherman  began  at  last  to  tell  upon  even  his 
vigorous  constitution.  In  a  letter  written  by  him 
to  Governor  Trumbull,  April  30,  1777,  he  says, — 


IOO  THE  LIFE   OF  ROGER  SHERMAN. 

"  I  must  leave  Congress  soon  whether  they  (his  as- 
sociates) come  or  not,  for  my  constitution  will  not 
admit  of  so  close  an  application  to  business  much 
longer,  as  I  have  been  confined  to  for  four  months 
past." 

The  following  letter  contains  some  interesting 
statements  as  to  the  work  of  the  American 
cruisers. 

PHILADELPHIA,  April  i7th,  1777. 

SIR,  — ...  Our  last  letter  from  Dr  Franklin  and 
Mr  Dean  was  dated  the  6th  of  February.  No 
treaty  had  been  then  concluded.  Some  probability 
that  France  and  Spain  would  make  war  with  Great 
Britain,  but  nothing  certainly  determined  on. 
Both  French  and  Spaniards  favor  our  cause  — 
Accounts  from  England  are  that  the  King's  sub- 
jects have  lost  1,800,000  pounds  by  the  American 
cruisers.  That  insurance  is  at  28  per  cent.  That 
the  Ministry  intend  to  bend  their  force  against 
New  England  to  extirpate  them  and  enslave  the 
inhabitants  of  the  Southern  States.  There  has 
been  talk  that  the  enemy  designs  to  come  to  this 
city  but  I  don't  think  they  will  attempt  it  before 
they  are  reinforced.  I  wish  some  of  the  other 
delegates  of  Connecticut  would  attend  Congress. 
The  Confederation  will  be  entered  on  next 
Monday  and  finished  as  soon  as  possible.  I  write 
in  haste  as  the  Hon  Mr  Collens  of  Rhode  Island 
by  whom  I  send  this  waits.  I  am  with  great 
regard 

Your  Honor's  obedient  humble  Servant, 

ROGER  SHERMAN. 

GOVERNOR  TRUMBULL. 


THE   CONTINENTAL   CONGRESS.  IQI 

The  following  letter  condemns  the  practice  of 
trying  by  court  martial  citizens  not  connected  with 
the  army.  It  also  refers  to  the  battle  in  which 
Gen.  Wooster  lost  his  life. 

PHILADELPHIA,  May  21,  1777. 

SIR, — The  enclosed  letterHcame  to  hand  yes- 
terday by  the  Post.  I  was  in  doubt  whether  it  was 
best  to  send  them  back,  or  keep  them  until  you  re- 
turn here.  I  hope  it  will  not  be  long  before  a  dele- 
gation arrives,  that  I  may  have  leave  of  absence. 
I  understand  that  an  inhabitant  of  Connecticut  has 
been  lately  executed  by  a  sentence  of  a  General 
Court  Martial.  I  think  it  dangerous  to  admit  citi- 
zens not  connected  with  the  army  to  be  tried  by  a 
Court  Martial.  The  resolution  of  Congress  con- 
cerning spies  does  not  warrant  it.  That  respects 
such  only  as  are  not  subjects  of  any  of  the  States. 
It  is  easy  to  accuse  any  person  with  being  a  spy 
and  so  put  his  life  into  the  power  of  a  Court 
Martial.  I  have  no  doubt  but  that  the  person  exe- 
cuted was  an  atrocious  offender  and  deserved 
death,  but  if  he  was  an  inhabitant  of  the  State  he 
ought  to  have  been  tried  before  the  Supreme 
Court. 

We  have  nothing  new  here  since  my  last. 
General  Arnold  is  here.  Congress  has  ordered 
the  Quarter  Master  General  to  procure  and  pre- 
sent to  him  a  horse  properly  caparisoned  for  his 
bravery  in  attacking  the  enemy  who  to  Dan- 

bury,  in  which  action  he  had  one  horse  killed  under 
him  and  another  wounded — A  committee  is  ap- 
pointed to  consider  what  honors  are  due  to  the 


IO2  THE  LIFE   OF  ROGER  SHERMAN. 

memory  of  Gen.  Wooster.  There  are  different  ac- 
counts of  the  day  of  his  death.  Some  say  Thurs- 
day, others  Friday  and  others  Saturday.  I  wish 
that  could  be  ascertained  and  that  I  could  be  in- 
formed of  his  age.  I  have  had  an  account  of  the 
election  in  the  Hartford  paper.  A  few  lines  from 
you,  with  some  accent  of  the  proceedings  of  the 
Assembly  will  oblige  your  humble  servant, 

ROGER  SHERMAN. 

The  HON.  OLIVER  WOLCOTT,  Esq.        , 

While  the  Americans  were  straining  every  nerve 
to  carry  on  the  War  of  Independence,  they  were 
distracted,  not  only  by  the  controversy  between 
Connecticut  and  Pennsylvania,  but  by  a  dispute 
about  boundaries  between  New  Hampshire  and 
New  York.  In  a  letter  to  Governor  Trumbull,  of 
April  9,  1777,  Mr.  Sherman  says:  "The  people  in 
the  New  Hampshire  grants  have  petitioned  Congress 
to  be  acknowledged  an  independent  State,  and  ad- 
mitted to  send  delegates  to  Congress.  The  con- 
vention of  New  York  has  also  remonstrated  against 
their  proceedings,  requesting  Congress  to  interfere 
for  preventing  the  defection  of  the  people  on  the 
grants  from  that  State.  Nothing  has  been  yet 
acted  on  the  affair."  In  the  controversy,  which 
ended  in  the  establishment  of  the  State  of  Vermont, 
Mr.  Sherman  took  the  part  of  the  settlers. 

In  the  first  week  of  August,  1777,  Mr.  Sherman 
attended,  as  a  delegate  from  Connecticut,  a  con- 
vention of  the  States  of  New  Hampshire,  Massa- 
chusetts, Connecticut,  Rhode  Island,  and  New 
York,  held  at  Springfield,  Mass.,  to  consider  the 


THE   CONTINENTAL   CONGRESS.  103 

state  of  the  paper  currency  of  said  governments,  the 
expediency  of  calling  in  the  same  by  taxes  or  other- 
wise, and  the  best  means  of  preventing  the  depre- 
ciation and  counterfeiting  of  the  same,  also  to  con- 
sider the  Acts  relating  to  monopoly  and  oppression, 
and  for  preventing  the  transportation  of  certain 
articles  from  one  State  to  another. 

The  convention  recommended  drawing  in  and 
sinking  the  bills  of  credit  not  upon  interest,  small 
change  excepted,  by  taxes,  or  by  exchanging 
them  for  Treasurer's  notes,  or  for  continental  bills 
of  credit,  and  not  to  emit  any  further  bilh,  ex- 
cept for  small  change.  The  convention  also  rec- 
ommended that  the  States  provide  for  their  own 
exigencies,  and  for  the  support  of  the  war,  as  far 
as  possible,  by  taxation,  and  in  order  to  lighten  the 
burdens  and  accommodate  the  taxes  to  the  conve- 
nience of  the  people,  and  the  more  effectually  to 
establish  the  credit  of  the  continental  currency, 
that  these  taxes  be  levied  and  assessed  at  the  least 
once  in  every  quarter  of  the  year. 

In  reference  to  the  monopoly  Acts,  the  conven- 
tion recommended  their  repeal,  so  far  as  they  re- 
lated to  affixing  the  prices  at  which  articles  shall 
be  sold,  and  penalties  for  not  observing  the  same. 
At  the  same  time  provision  was  made  that  this  re- 
peal should  not  operate  to  the  prejudice  of  the 
non-commissioned  officers  and  soldiers.  It  also 
recommended  the  enactment  of  provisions  against 
engrossing,  and  advised  that  the  Acts  against  trans- 
porting certain  articles  out  of  the  State  be  so 
framed  that  no  unnecessary  interruption  be  given 
to  a  free  commercial  intercourse  between  the  States. 


104  THE  LIFE   OF  KOGER  SHERMAN. 

In  a  letter  to  William  Williams,  a  member  of  Con- 
gress from  Connecticut,  dated  Hartford,  August 
18,  1777,  Mr.  Sherman  writes:  "You  have  doubt- 
less seen  the  result  of  the  conference  of  the  com- 
mittees met  at  Springfield.  I  believe  the  measures 
recommended  for  supporting  the  credit  of  the 
paper  currency,  if  adopted  by  all  the  States,  will 
effectually  conserve  the  end.  I  want  to  know  the 
opinion  of  Congress  upon  it.  If  something  is 
not  immediately  done,  the  currency  will  be  worth 
nothing;  but  it  may  be  easily  supported  by  sink- 
ing the  bills  of  the  particular  States,  and  taxing 
high  and  often  to  defray  the  expenses  of  the  war. 
People  in  general  are  convinced  of  the  necessity  of 
it.  Almost  all  dealing  for  common  necessaries  is 
carried  on  here  by  barter." 

In  a  letter  to  Samuel  Adams,  of  August  25,  1777, 
Mr.  Sherman  writes,  after  repeating  statements 
similar  to  those  in  the  letter  to  Mr.  Williams : 
"  I  think  it  will  be  much  better  to  carry  on  the  war 
by  taxes  as  much  as  can  be  borne,  and  the  rest  by 
loans  in  this  country,  than  by  foreign  loans.  It 
may  be  best  to  hire  some  money  abroad  to  pay 
our  debts  due  for  the  supplies  that  have  been  im- 
ported, and  to  pay  for  any  further  supplies  that  may 
be  wanted,  but  not  to  sell  Bills  to  merchants  to  im- 
port on  their  own  account.  We  have  very  plentiful 
crops ;  people  can  now  pay  larger  taxes,  and  seem 
generally  willing  to  do  it.  I  know  no  better  way 
to  preserve  credit  than  to  pay  debts  and  not  to  run 
in  debt  more  than  is  absolutely  necessary.  Con- 
federation is  likewise  necessary  to  support  the  pub- 
lic credit  of  the  United  States,  and  if  it  is  not  done 


THE   CONTINENTAL    CONGRESS.  105 

while  the  war  lasts,  I  fear  it  will  not  be  done  at 
all." 

Similar  sentiments  are  repeated  in  a  letter  of 
September  22,  1777,  from  Mr.  Sherman  to  William 
Williams.  During  the  year  1777,  Mr.  Sherman 
was  appointed  on  the  following  committees :  Feb- 
ruary 1 1,  on  committee  of  seven  to  devise  ways  and 
means  of  supporting  the  credit  of  the  continental 
currency,  and  supplying  the  treasury  with  money ; 
March  13,  on  committee  of  five  to  confer  with 
General  Gates  on  the  general  state  of  affairs ;  April 
23,  on  committee  of  six  to  consider  means  of  speed- 
ily reinforcing  General  Washington's  army;  June 
3,  on  committee  of  three  to  devise  means  to  supply 
the  army  with  shoes,  hats,  and  shirts.  June  5, 
Mr.  Sherman  was  added  to  the  Marine  committee. 

The  campaign  in  the  North  this  year  ended 
in  the  battle  of  Saratoga,  the  turning-point  in 
the  Revolutionary  War.  When,  on  the  I7th  of 
October,  1777,  General  Burgoyne  surrendered, 
General  Wilkinson  was  despatched  as  a  special 
messenger  to  carry  the  news  to  Congress.  The 
messenger  however  travelled  so  slowly  that  the 
news  reached  Congress  long  before  his  arrival. 
Some  one  proposed  that  the  messenger  should  be 
presented  with  a  sword.  Mr.  Sherman  suggested 
that  a  more  appropriate  present  would  be  a  pair  of 
spurs.1 

On  the  1 5th  of  January,  1778,  in  accordance  with 

the  recommendations  of  Congress  on  the  22d  of 

November,  1777,  a  convention  of  the  States  of  New 

Hampshire,    Massachusetts,    Connecticut,     Rhode 

1  Alexander  Hamilton  Papers,  v.  26,  p.  104. 


IO6  THE  LIFE   OF  ROGER  SHERMAN. 

Island,  New  York,  New  Jersey,  and  Pennsylvania, 
was  held  at  New  Haven,  for  the  purpose  of  devis- 
ing a  plan  for  the  regulation  of  prices.  Mr.  Sher- 
man was  a  delegate  from  Connecticut,  and  was 
made  chairman  of  the  committee  to  prepare  the 
report  of  the  convention.  This  report  was  a  very 
elaborate  affair,  and  entered  in  great  detail  into 
a  statement  of  prices  recommended ;  but  as  the 
States  generally  declined  to  adopt  it,  this  and 
similar  efforts  about  the  same  time  failed  to  have 
any  practical  effect. 

In  a  letter  to  Benjamin  Trumbull  dated  Phila- 
delphia, August  1 8,  1778,  Roger  Sherman  writes : 
"  The  affair  of  our  currency  is  to  be  considered 
in  Congress  to-day.  What  will  be  done  to  restore 
and  support  its  credit  is  uncertain.  We  can't 
lessen  the  quantity  much  while  the  army  is  kept 
up.  I  trust  the  fullest  assurance  ought  and  will  be 
given  for  redeeming  it  in  due  time  and  for  ex- 
changing gold  and  silver  for  what  shall  be  out- 
standing at  the  period  fixed  for  its  redemption  at 
the  expressed  value.  The  whole  that  has  been 
emitted  is  a  little  more  than  60,000,000  dollars.  I 
think  a  period  of  about  14  or  15  years  should  be 
fixed  for  sinking  the  whole.  That  taxes  for  about 
6  million  dollars  per  annum  for  4  years,  5  million 
dollars  for  five  years  and  four  million  dollars  per 
annum  for  the  residue  of  the  period  should  be  im- 
mediately laid  to  be  collected  as  a  sinking  fund 
with  liberty  for  each  State  to  raise  more  than  their 
annual  quota  and  be  allowed  6  per  cent  interest 
for  the  time  they  may  anticipate  the  payment. 
That  each  of  the  States  that  have  not  called  in 


THE   CONTINENTAL    CONGRESS. 

their  Bills  do  it  immediately  and  refrain  from  further 
emissions  and  tax  themselves  for  current  expenses. 
Besides  liberty  may  be  given  for  the  people  to 
bring  in  as  many  of  the  Bills  as  they  please  into 
loan  offices,  with  assurance  that  the  whole  that  is 
brought  in  shall  be  burnt.  That  all  unnecessary 
expenses  be  retrenched  and  the  best  economy  in- 
troduced. That  the  future  expense  of  the  war  be 
defrayed  as  far  as  may  be  by  taxes  and  the  residue 
by  emissions  —  and  if  the  war  ceases  this  year, 
which  I  think  not  improbable,  our  finances  may 
soon  be  put  on  a  good  footing.  Provision  ought  to 
be  made  in  the  meantime  by  each  State  to  prevent 
injustice  to  creditors  and  salary  men." 

On  the  1 5th  of  October,  1778,  Roger  Sherman 
wrote  to  Governor  Trumbull  as  follows :  — 

"  The  affair  of  finance  is  yet  unfinished.  The  for- 
mation of  a  Board  of  Treasury  is  determined  on  but 
the  officers  are  not  yet  appointed.  To-morrow  is 
assigned  for  their  nomination.  The  members  of 
Congress  are  united  in  the  great  object  of  securing 
the  liberties  and  independence  of  the  States ;  but 
are  sometimes  divided  in  opinion  about  particular 
measures.  The  Assembly  of  New  York  in  their 
late  session  did  not  ratify  the  Confederation,  nor 
has  it  been  done  by  Maryland  and  Delaware 
States.  These  and  some  other  of  the  States  are 
dissatisfied  that  the  western  ungranted  lands  should 
be  claimed  by  particular  States,  which  they  think 
ought  to  be  the  common  interest  of  the  United 
States,  they  being  defended  at  the  common  ex- 
pense. They  further  say  that  if  some  provision  is 
not  now  made  for  securing  lands  for  the  troops  who 


IO8  THE  LIFE    OF  ROGER  SHERMAN. 

serve  during  the  war,  they  shall  have  to  pay  large 
sums  to  the  States  who  claim  the  vacant  lands  to 
supply  their  quotas  of  the  troops.  Perhaps  if  the 
Assembly  of  Connecticut  should  resolve  to  make 
grants  to  their  own  troops  and  those  raised  by  the 
State  of  Rhode  Island,  New  Jersey,  Delaware  and 
Maryland  in  the  lands  south  of  Lake  Erie  and 
west  of  the  land  in  controversy  with  Pennsylvania, 
free  of  any  purchase  money  or  quit  rents  to  the 
Government  of  Connecticut,  it  might  be  satisfac- 
tory to  those  States,  and  be  no  damage  to  the 
State  of  Connecticut.  A  tract  of  thirty  miles  east 
and  west  across  the  State  would  be  sufficient  for 
the  purpose,  and  that  being  settled  under  good 
regulations  would  enhance  the  value  of  the  rest; 
these  would  not  be  claimed  as  Crown  lands,  both 
the  fee  and  jurisdiction  having  been  granted  to  the 
Governor  and  Company  of  Connecticut. 

"  ROGER  SHERMAN." 

During  the  year  1778,  Mr.  Sherman  was  ap- 
pointed on  a  committee  of  three  on  instructions  to 
commissioners  to  foreign  courts ;  on  a  committee 
of  five  to  consider  the  report  of  the  committee  on 
finance ;  on  committee  of  three  on  plan  for  pro- 
curing reinforcements  to  supply  the  place  of  men 
whose  term  of  service  would  expire  in  the  winter. 

On  the  1 2th  of  October,  1778,  Congress  passed 
resolutions  recommending  the  States  to  suppress 
theatres,  horse-racing,  gaming,  etc.,  and  that  the 
army  officers  discountenance  profaneness  and  vice 
among  the  soldiers.  On  the  i6th  of  October,  1778, 
Congress  passed  a  vote  that  no  actor  or  encourager 


THE   CONTINENTAL    CONGRESS.  ICX) 

of    plays    should    hold    office    under   the    United 
States. 

The  attempt  of  certain  New  Hampshire  towns  to 
withdraw  from  the  jurisdiction  of  that  State  called 
forth  the  following  patriotic  letter  from  Mr. 
Sherman  to  Elisha  Paine,  October  31,  1778: — 

SIR,  —  I  take  the  liberty  to  address  you  on  a 
subject  which  to  me  appears  to  be  of  a  very  danger- 
ous and  alarming  nature.  I  am  informed  that  the 
inhabitants  in  a  number  of  towns  in  the  State  of 
New  Hampshire  on  the  east  side  of  the  Connecticut 
river,  have  withdrawn  from  the  jurisdiction  of  that 
•  State  and  joined  with  the  people  on  the  grants  on 
the  west  side  of  the  river  in  forming  a  distinct  State. 
The  strength  of  the  United  States  lies  in  their 
union.  Their  joint  efforts  under  the  smiles  of 
Divine  Providence  have  made  a  successful  resist- 
ance to  the  power  of  Great  Britain  aided  by 
foreign  mercenaries ;  but  if  intestine  divisions  and 
contentions  take  place  among  them,  will  they  not 
become  an  easy  prey  to  a  formidable  enemy?  I 
shall  give  no  opinion  in  the  case  of  the  people  on 
the  New  Hampshire  grants  upon  the  west  side  of 
Connecticut  river,  whether  the  States  of  New  York 
or  New  Hampshire  have  the  best  right  of  jurisdic- 
tion over  them  or  whether  in  case  they  belong  to 
New  Hampshire,  and  that  State  neglected  to  claim 
and  support  their  jurisdiction  in  opposition  to  the 
claim  of  New  York,  it  gave  the  people  a  right  to 
form  themselves  into  a  distinct  State,  as  these  ques- 
tions I  suppose  must  at  a  proper  time  have  a  judi- 
cial determination.  But  for  the  people  inhabiting 


IIO  THE  LIFE   OF  ROGER  SHERMAN. 

within  the  known  and  acknowledged  boundaries  of 
any  of  the  United  States,  to  separate  without  the 
consent  of  the  State  to  which  they  belong  appears 
to  me  a  very  unjustifiable  violation  of  the  social 
compact,  and  pregnant  with  the  most  ruinous  con- 
sequences. Sir,  I  don't  know  whether  you  live  in 
one  of  the  revolted  towns,  but  as  you  are  in  that 
vicinity,  I  trust  from  acquaintance  with  your  love 
of  order  and  regard  to  the  welfare  of  your  country, 
you  will  use  your  influence  to  discourage  every- 
thing that  in  your  opinion  may  be  prejudicial  to 
the  true  interests  of  these  States.  If  the  present 
constitution  of  any  of  the  States  is  not  so  perfect 
as  could  be  wished,  it  may  and  probably  will,  by 
common  consent  be  amended ;  but  in  present  cir- 
cumstances it  appears  to  me  indispensably  neces- 
sary that  civil  government  should  be  vigorously 
supported. 

I  hope  you  will  excuse  the  freedom  I  have  taken 
on  this  occasion,  as  my  sole  motive  is  the  public 
good.     I  am,  with  great  esteem  and  regard, 
Your  humble  servant 

ROGER  SHERMAN. 

During  the  year  1779,  Mr.  Sherman  was  chosen 
on  the  following  committees,  viz. :  on  Indian  affairs  ; 
to  consider  the  report  of  the  Board  of  Treasury  on 
finance ;  on  the  treasury ;  to  devise  further  ways 
and  means  for  supplying  the  treasury. 

On  the  23d  of  June,  1780,  he  was  chosen  a  mem- 
ber of  the  Treasury  Board.  During  the  year  1780. 
he  was  also  chosen  on  the  following  committees, 
viz. :  on  the  western  frontiers ;  to  estimate  the  ex- 


THE   CONTINENTAL    CONGRESS.  Ill 

penses  of  the  present  and  the  ensuing  year,  and  to 
make  provision  for  the  same ;  on  the  instructions 
of  Maryland  to  its  delegates  about  the  Act  of 
Confederation. 

During  the  year  1780,  Mr.  Sherman  wrote  the 
following  letters  to  Governor  Trumbull  on  the 
subject  of  the  finances. 

PHILADELPHIA,  July  aad,  1780. 

...  I  am  sorry  that  the  State  of  Connecticut 
have  had  occasion  to  emit  so  large  a  sum  in  Bills 
of  Credit  previous  to  their  being  furnished  with 
the  bills  prepared  by  order  of  Congress,  but  am 
glad  to  hear  that  they  have  laid  so  large  a  tax  to 
be  paid  in  the  new  bills.  I  esteem  that  to  be  a 
very  wise  measure,  to  introduce  the  bills  into  cir- 
culation with  full  credit,  and  ought  to  be  imitated 
by  all  the  other  States.  I  am  fully  persuaded  that 
no  way  can  be  devised,  in  our  circumstances,  to 
support  the  value  of  a  paper  currency,  but  by  tax- 
ing to  the  full  amount  of  our  expenditures  after 
having  emitted  a  sufficient  sum  for  a  medium  of 
trade,  which  is  limited  by  the  resolution  of  Con- 
gress to  ten  millions  of  dollars  for  the  thirteen 
States,  and  if  the  particular  States  extend  their 
emission  beyond  their  quotas  of  that  sum,  it  will 
in  my  opinion  give  a  fatal  blow  to  the  credit  of  the 
whole  paper  currency,  and  involve  us  in  worse  evils 
than  we  have  heretofore  experienced ;  therefore  I 
think  that  no  supposed  necessity,  or  other  consid- 
eration whatever,  should  induce  any  State  in  the 
least  degree  to  exceed  the  limit  fixed  by  the  United 
States,  by  the  resolution  of  the  i8th  of  March  last. 


112  THE  LIFE   OF  ROGER  SHERMAN. 

I  am  sensible  that  it  was  necessary  to  make  some 
state  emissions,  before  those  Bills  were  prepared, 
but  then  I  think  they  should  be  considered  as  part 
of  their  quotas  of  the  ten  million  dollars.  The 
resources  of  this  Country  are  great,  and  may  be 
drawn  out  in  so  equable  a  manner  by  the  wisdom 
of  the  Legislatures  of  the  several  States  as  fully  to 
answer  the  exigencies  of  our  affairs,  without  being 
very  burthensome  to  the  people.  It  may  be  neces- 
sary to  run  in  debt  for  some  foreign  articles,  but 
I  think  not  for  any  that  are  to  be  procured  in  this 
Country. 

PHILADELPHIA,  July  22d,  1780. 

...  It  is  with  concern  we  observe  the  exi- 
gencies of  the  Public  have  been  such  as  obliged 
our  State  to  issue  large  emissions  of  Paper  Bills, 
which  with  what  will  issue  in  pursuance  of  the  res- 
olution of  the  1 8th  of  March  last,  may  endanger 
the  public  credit.  The  only  way  to  avoid  this  evil 
is  speedily  to  draw  in  those  bills  by  taxes,  and  not 
suffer  them  on  any  account  to  reissue.  Paper 
money  does  its  office  when  it  goes  out  in  payment, 
and  ought  to  be  among  the  people' as  a  medium  of 
trade,  no  longer  than  to  find  its  way  into  their 
pockets,  and,  like  private  security,  should  be  de- 
stroyed when  returned  into  the  office  it  issued  from. 
This  is  doing  business  in  sight  of  the  people,  and 
every  man  who  pays  his  tax  knows  he  does  it  [in] 
discharge  of  much  of  his  public  debt.  But  to  me, 
[to]  issue  bills  taken  in  by  loans  and  taxes,  ac- 
cumulates the  public  debt  in  a  way  not  open  to 
the  inspection  of  the  people.  They  see  the  bills 


THE    CONTINENTAL    CONGRESS.  113 

are  not  redeemed,  and  are  told  they  never  will  be. 
The  credit  of  the  State  is  scrupled  and  depreciation 
ensues.  The  people  lose  their  confidence  in  Gov- 
ernment. The  laws  are  enervated,  military  opera- 
tions prevented,  justice  impeded,  trade  embarrassed, 
the  morals  of  the  people  corrupted,  men  of  integ- 
rity in  office  abused  and  resigning,  whilst  pecula- 
tors ride  in  coaches.  These  evils  and  the  sources 
from  whence  they  arise,  so  lately  experienced,  all 
serve  to  point  out  the  way  to  avoid  them  in  future. 
The  design  of  Congress  in  limiting  the  amount  of 
circulating  bills  within  the  United  States  will  be 
wholly  defeated  by  emissions  from  particular  States, 
unless  their  amount  is  limited  within  the  bound, 
and  issued  in  lieu  of  the  quotas  assigned  by  Con- 
gress, and  be  in  fact  drawn  in  before  the  general 
currency  issues. 

PHILADELPHIA,  Aug.  22,  1780. 

...  If  every  State  would  tax  themselves  to 
the  extent  of  their  abilities,  relieving  the  poor  as 
far  as  possible,  we  should  find  it  the  best  resource 
in  our  power  to  obtain  supplies,  and  save  the  Con- 
tinent from  that  enthralment  of  debt  which  may  be 
expected  from  loans.  This  doctrine,  though  trite, 
is  no  less  important  than  true,  and  deserves  the 
most  serious  attention.  The  current  expenses  of 
the  war  are  chiefly  of  our  own  services,  provisions, 
and  manufactures,  which  do  not  much  exceed  our 
annual  exports  in  time  of  peace.  This  alone  is 
demonstration  that  our  internal  resources  are  nearly 
equal  to  our  necessities  and  might  with  proper  man- 
agement be  so  applied  as  to  prevent  an  enormous 

8 


1 14  THE  LIFE   OF  ROGER  SHERMAN. 

national  debt  to  foreigners,  who  may  hereafter  claim 
the  honor  and  merit  of  our  whole  salvation  as  due  to 
them,  and  surprise  us  with  unexpected  demands. 

The  news  of  the  surrender  of  Lord  Cornwallis 
was  sent  to  Governor  Trumbull  in  the  following 
letter  by  Mr.  Sherman  and  Mr.  Law. 

PHILADELPHIA,  Oct.  25th,  1781. 

SIR,  —  We  have  the  honor  now  to  transmit  to 
your  Excellency  an  official  account  of  the  sur- 
render of  Lord  Cornwallis  and  the  army  under  his 
command.  The  dispatches  from  General  Wash- 
ington were  received  yesterday  morning,  and  at 
two  o'clock  in  the  afternoon  Congress  went  in  a 
body  to  the  Lutheran  Church  where  Divine  ser- 
vice, suitable  to  the  occasion,  was  performed  by 
the  Rev.  Mr.  Duffield,  one  of  the  chaplains  of 
Congress.  The  Supreme  Executive  Council  and 
Assembly  of  this  State,  the  Minister  of  France  and 
his  Secretary,  and  a  great  number  of  the  citizens 
attended.  In  the  evening  the  city  was  illuminated. 
This  great  event,  we  hope,  will  prove  a  happy 
presage  of  a  complete  reduction  of  the  British 
forces  in  these  States,  and  prepare  the  way  for  the 
establishment  of  an  honorable  peace. 

Mr.  Sherman  was  continued  in  Congress,  by  an- 
nual election,  from  September,  1774,  to  November, 
1781.  On  October  13,  1783,  he  was  again  elected 
for  another  year,  making  eight  years  of  service  in 
the  Continental  Congress. 

In  May,  1783,  Mr.  Sherman  and  Richard  Law, 
Sherman's  associate  on  the  bench  of  the  Superior 


THE   CONTINENTAL   CONGRESS.  115 

Court,  were  appointed,  by  the  General  Assem- 
bly of  Connecticut,  a  committee  "  to  revise  the 
Statute  Laws  of  this  State,  and  make  such  altera- 
tions, additions,  exclusions,  and  amendments,  as 
they  shall  judge  proper  and  expedient,  collecting 
together  into  one  all  the  statutes  that  have  been 
made  upon  the  same  subject,  reducing  the  whole 
into  one  regular  system  or  code,  in  alphabetical 
order,  and  lay  the  same  as  soon  as  possible  before 
the  General  Assembly." 

This  work  was  completed  and  laid  before  the 
General  Assembly  at  its  October  session,  1783. 
At  this  session  the  same  committee  was  directed 
"  to  continue  to  revise  the  laws  of  this  State  here- 
tofore in  force,  to  form  a  memorandum  or  table  of 
such  variations,  abridgements,  or  enlargements,  as 
they  may  think  convenient,  and  lay  the  same  be- 
fore this  Assembly,  at  their  next  meeting."  This 
final  revision  was  adopted  by  the  General  Assembly 
at  an  adjourned  session,  held  for  that  purpose,  at 
New  Haven,  January  8,  1784. 

The  following  is  a  letter  from  Mr.  Sherman  to 
Mr.  Law  on  the  subject  of  the  revision  of  the  laws 
of  Connecticut. 

NEW  HAVEN,  July  2$th,  1783. 

DEAR  SIR,  —  I  received  your  letter  with  the 
last  laws  enclosed.  I  have  now  taken  the  whole  of 
the  act  in  Page  235  into  my  code;  the  first  and  last 
paragraphs  cover  civil  actions  and  the  residue  with 
some  additions,  under  the  head  of  bail,  which  I 
have  endeavored  to  regulate  both  in  civil  and 
criminal  cases.  I  insert  the  act  Page  608,  next 


I  1 6  THE   LIFE   OF  ROGER  SHERMAN. 

after  the  laws  for  settling  testate  and  intestate  es- 
tates, omitting  the  words,  that  respect  future  confis- 
cations. 

The  maintaining  the  Light-house  I  have  left  for 
you.  Perhaps  it  may  come  under  the  head  of 
Ships  or  shipping.  I  have  now  completed  my 
part  of  the  laws,  except  a  few  blanks  left  for  your 
opinion.  I  sent  you  a  list  of  those  I  had  then  de- 
termined to  take  on.  I  don't  know  but  I  have  in- 
cluded some  others  since.  I  have  taken  in  under 
the  head  of  Foreigners,  four  acts,  viz :  To  prevent 
mischief,  Infractions  of  the  Law  of  Nations  — 
Rendering  speedy  justice  to  those  in  alliance,  and 
To  prevent  their  holding  lands.  I  have  taken  the 
Scale  Act,  and  whatever  concerns  depreciation, 
and  everything  relating  to  dissenters.  I  think  it 
would  be  well  to  make  some  additions  to  the  Laws 
respecting  Societies  for  regulating  several  Societies 
within  the  same  bounds,  of  which  I  send  a  sketch. 

I  don't  hear  of  the  arrival  of  the  Definite  Treaty. 
I  should  not  think  it  best  to  call  the  Assembly  un- 
til that  is  received,  with  the  recommendation  of 
Congress  upon  it. 

I  have  looked  over  the  remaining  Laws  and  ar- 
ranged them  as  follows,  that  you  may  see  which  I 
have  not  taken.  Mine  contains  98  laws  (those 
under  the  Title  Lands  but  one)  though  containing 
several  additions. 

When  you  have  arranged  and  revised  your  part, 
it  will   be   best  for   us  to  meet  and    inspect  the 
whole.     I  am  sir,  with  esteem  and  respect, 
Your  humble  servant, 

ROGER  SHERMAN. 


THE   CONTINENTAL    CONGRESS.  117 

P.  S.  I  have  added  a  clause  in  the  act  for 
regulating  civil  actions  concerning  joint  contracts 
that  serving  the  process  on  those  who  belong  to 
this  State,  shall  be  sufficient  notice  to  obtain  judg- 
ment against  all.  Then  follow  some  remarks  about 
the  regulation  of  New  Gate  prison  and  the  List  of 
Laws  referred  to  in  the  above  letter. 

Copies  of  some  of  these  laws  having  been  sent 
to  John  Dickinson,  he  wrote  the  following  letter  of 
acknowledgment :  — 

SlR,  —  I  feel  myself  indebted  to  you  for  your 
obliging  politeness  in  furnishing  me  with  copies  of 
some  of  your  laws;  and  I  was  sincerely  sorry, 
that  indisposition  prevented  me  from  presenting  in 
person  the  thanks,  which  I  now  beg,  you  will  be 
pleased  to  accept. 

When  you  return  to  the  Northward,  I  hope,  I 
shall  have  the  pleasure  of  seeing  you,  and  should 
much  regret  your  passing  through  this  City,  with- 
out my  having  that  satisfaction.  With  great  and 
sincere  esteem,  I  am,  Sir, 

Your  most  obedient  and  much  obliged, 

humble  servant, 

JOHN  DICKINSON. 

PHILADELPHIA,  January  i5th,  1784. 

The  HONORABLE  ROGER  SHERMAN,  Esquire. 

In  January,  1784,  Roger  Sherman  and  James 
Wadsworth  were  authorized  to  convey  to  the 
United  States  all  the  land  claimed  by  Connecticut 
lying  westward  of  the  west  line  of  Pennsylvania, 
excepting  a  certain  tract  reserved  for  the  use  of 


1 1 8     THE  LIFE  OF  ROGER  SHERMAN. 

the  State,  and  "  to  satisfy  the  officers  and  privates 
in  the  Connecticut  Line  of  the  Continental  army 
the  lands  to  which  they  are  entitled  by  the  Re- 
solves of  Congress." 

On  the  2Oth  of  January,  1784,  Mr.  Sherman 
wrote  to  Lyman  Hall,  the  Governor  of  Georgia, 
the  following  account  of  the  ratification  of  the 
treaty  of  peace,  and  the  necessity  of  an  impost  tax 
to  support  the  credit  of  government. 

ANNAPOLIS,  20th  of  January,  1784. 

SlR,  —  I  sincerely  congratulate  you  upon  the 
return  of  peace,  whereby  the  rights  we  have  long 
contended  for  are  fully  established,  on  very  honor- 
able and  beneficial  terms. 

The  definitive  treaty  of  peace  between  Great 
Britain  and  the  United  States  was  ratified  in  Con- 
gress last  week,  and  the  ratification  forwarded  to 
New  York  to  go  by  a  French  packet  which  was  to 
sail  this  day.  It  was  unanimously  ratified  by  nine 
States,  no  more  being -represented.  A  proclama- 
tion and  recommendations  pursuant  thereto  have 
been  agreed  to,  and  ordered  to  be  forwarded  to  the 
several  States  by  the  Secretary.  There  are  but 
eight  States  now  represented,  one  of  the  members 
from  Delaware  went  home  last  Saturday,  on  ac- 
count of  sickness  in  his  family.  There  are  several 
important  matters  to  be  transacted  interesting  to 
all  the  States.  I  hope  that  members  will  come  on 
from  Georgia  as  soon  as  possible.  The  impost  on 
foreign  goods  recommended  by  Congress  for  rais- 
ing a  revenue  for  payment  of  the  interest  of  the 
money  borrowed  on  the  credit  of  the  United  States, 


THE   CONTINENTAL    CONGRESS.  I  19 

is  fully  complied  with  by  the  States  of  Massachu- 
setts, New  Jersey,  Pennsylvania,  Delaware,  Mary- 
land and  Virginia;  New  Hampshire  has  likewise 
agreed  to  it  in  a  committee  of  the  whole,  but  the 
act  was  not  completed  when  the  delegates  from 
that  State  came  away.  The  Assemblies  of  Con- 
necticut and  New  York  are  now  sitting.  Congress 
are  in  hopes  to  adjourn  by  the  first  of  May,  and 
have  a  recess  till  next  fall,  in  case  all  the  States 
transmit  their  act  for  enabling  Congress  to  levy 
and  collect  the  duties  personally  for  them  to  make 
an  ordinance  for  carrying  it  into  effect,  that  being 
a  matter  of  the  utmost  importance  for  supporting 
the  national  credit  of  the  United  States,  and  doing 
justice  to  the  public  creditors  both  at  home  and  in 
Europe ;  and  I  apprehend  it  will  be  impracticable 
to  raise  a  sufficient  revenue  in  the  ordinary  way  of 
taxing.  Raising  money  by  imposts  takes  it  at  the 
fountain  head  and  the  consumer  pays  it  insensibly 
and  without  murmuring.  I  wish  the  result  of  your 
State  on  that  reauisiti^n  may  be  tcuismitted  asA 
soon  as  possible."  The  disposition  arcF^^ucment  -_ 
of  the  western  territory  is  anffther^  ofoj^|t  4hat  will 
come  under  the  consideration  of  Congress.  The 
State  of  Virginia  has  ceded  to  the  United  States  all 
the  lands  claimed  by  that  State  northwest  of  the 
Ohio  on  terms  acceptable  to  Congress.  Enclosed 
is  a  copy  of  the  act  of  Massachusetts  for  enabling 
Congress  to  levy  an  impost  which  I  think  is  well 
guarded.  I  have  also  enclosed  a  letter  from  Gov- 
ernor Trumbull  on  public  service.  I  am  with 
great  esteem  and  respect, 

Your  humble  servant 

ROGER  SHERMAN. 


120  THE  LIFE   OF  ROGER  SHERMAN. 

The  following  letter  from  Benjamin  Huntington 
to  Roger  Sherman  gives  an  account  of  the  adop- 
tion of  the  Revised  Laws,  and  of  the  election  of 
Mr.  Sherman  as  Mayor  of  New  Haven. 

NEW  HAVEN,  Feb.  nth,  1784. 

HONORED  SIR,  —  I  have  been  so  happy  as  to 
board  at  your  house  since  the  session  of  assembly 
which  rises  this  day  having  finished  the  revisal  of 
the  Laws  with  some  alteration  from  the  draughts 
made  by  the  committee.  Where  the  committee's 
alterations  were  not  agreed  to,  the  old  Statutes  are 
to  stand  as  in  time  passed.  The  pay  of  the  Su- 
preme Court  is  not  raised  nor  any  alteration  in 
Court  or  Counties  excepting  Colchester  which  is 
annexed  [to]  New  London  County.  The  impost  not 
yet  granted  but  much  nearer  to  it  than  in  October. 
The  people  at  large  begin  to  see  their  interest  in 
the  measure  and  I  hope  that  by  the  May  next  they 
will  be  undeceived ;  about  one  third  of  the  lower 
house  are  in  favor  of  it  now. 

The  New  Haven  and  New  London  City  bills  are 
passed  and  the  freemen  of  the  city  of  New  Haven 
are  now  in  the  upper  house  of  the  State  house 
choosing  their  City  magistrates  and  have  made 
choice  of  a  member  of  Congress  for  the  Mayor 
and  Deacon  Howell,  Deacon  Bishop,  Deacon  Aus- 
tin and  Mr  Isaac  Beers  are  chosen  Aldermen. 
Your  little  son,  Oliver,  hearing  that  his  Papa  was 
chosen  Mayor  was  concerned  and  inquired  who 
was  to  ride  the  Mare? 

Mrs  Sherman  received  some  addresses  on  the 
subject  of  the  election  and  by  way  of  answer  has 


THE   CONTINENTAL    CONGRESS.  121 

fed  some  hungry  bellies  whilst  others  wanted  money 
to  buy  powder  to  fire  in  honor  of  the  Lord  Mayor 
elect.  Thus  the  emoluments  of  office  are  felt  by 
her  in  your  absence.  The  cannon  are  this  moment 
firing  in  a  most  tremendous  manner  on  the  subject. 
I  wish  you  could  hear  it.  I  am  with  esteem  and 
respect 

Your  most  humble  servant, 

BENJ.  HUNTINGTON. 

HONORABLE  ROGER  SHERMAN  Esqr. 

The  following  letter  from  Mr.  Sherman  to  William 
Williams,  dated  May  4,  1784,  gives  the  views  of 
Mr.  Sherman  on  an  import  duty,  and  some  other 
matters. 

ANNAPOLIS,  4th  May,  1784. 

DEAR  SIR, — I  received  your  letter  of  the  iQth 
of  April,  yesterday  with  Mr  Loomis's  papers.  Shall 
attend  to  his  affairs  when  I  return  to  Philadelphia. 
I  am  obliged  to  you  for  the  information  contained 
in  the  close  of  your  letter  respecting  the  politics  of 
our  State.  The  States  who  have  agreed  to  the  im- 
post recommended  by  Congress,  are  N.  Hampshire, 
Massachusetts,  N.  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  and  South  Carolina;  these 
have  fully  complied.  We  have  not  heard  what 
New  York  and  North  Carolina  have  done  in  the 
late  sessions  of  their  Legislatures,  but  their  dele- 
gates say  that  there  is  no  reason  to  doubt  but  that 
they  have  complied  with  the  requisition.  Georgia, 
we  find  by  the  news  papers  has  lately  appointed 
delegates,  but  they  have  not  arrived  in  Congress, 
and  we  are  not  informed  what  that  State  has  done 


122  THE  LIFE    OF  ROGER  SHERMAN. 

respecting  the  impost.  Rhode  Island  delegates 
think  their  State  will  be  the  last  that  agrees  to  it, 
but  that  the  last  requisition  is  less  exceptionable 
than  the  former.  It  appears  to  me  that  a  general 
impost  will  be  the  best  way  for  raising  a  revenue 
for  the  interest  of  the  national  debt,  though  I  never 
wish  to  have  the  power  in  Congress  to  raise  money 
extended  beyond  what  may  be  necessary  for  the 
present  debt,  but  never  to  raise  any  for  current  ex- 
penses. I  am  not  able  to  furnish  you  with  the 
journals  of  Congress  for  the  last  year,  the  volume 
is  not  completed.  I  understand  by  the  Secretary 
that  he  has  sent  to  Governor  Trumbull  all  that 
have  been  printed.  General  Wadsworth  and  I  in 
our  late  joint  letter  gave  you  an  account  of  the 
principal  matters  done  and  expected  to  be  done  by 
Congress  this  session.  All  the  States  except  Dela- 
ware and  Georgia  are  now  represented.  It  is  not 
likely  that  Congress  will  agree  to  any  answer  to 
the  address  on  commutation ;  the  members  are 
divided  as  to  the  style  and  tone  in  which  it  should 
be  answered.  Some  were  for  transmitting  a  copy 
of  the  answer  given  to  Massachusetts,  or  make  an 
answer  nearly  like  it.  Others  thought  it  would  be 
best  only  to  state  what  had  been  done  and  leave  it 
to  the  House  to  make  the  inferences,  as  was  done 
in  the  draught  reported  by  the  last  committee  of 
which  we  transmitted  a  copy,  that  would  have  been 
agreed  to,  if  the  question  had  been  put  without  the 
yeas  and  nays,  as  several  members  told  me  they 
would  have  voted  for  it,  in  that  case  who  now  voted 
in  the  negative.  I  don't  find  any  members  that 
think  that  the  commutation  can  be  rescinded,  or 


THE   CONTINENTAL   CONGRESS.  123 

avoided  without  a  violation  of  public  faith,  a  ma- 
jority approve  of  the  measure. 

I  hope  the  western  territory  will  sink  a  consider- 
able part  of  the  national  debt;  it  is  proposed  to 
apply  it  only  to  the  principal.  You  will  see  the 
plan  for  establishing  new  States,  and  the  requisi- 
tion for  payment  of  arrears  of  interest  and  the  cur- 
rent expenses,  and  a  recommendation  to  the  States 
lately  passed  for  opposing  the  system  adopted  by 
Great  Britain  respecting  commerce,  in  the  printed 
journals  that  will  be  transmitted  to  the  Governor. 
I  sent  some  extracts  to  the  Governor  from  the 
letters  of  our  Ministers  in  Europe  for  his  informa- 
tion and  to  be  communicated  to  the  General  As- 
sembly. I  hope  none  of  them  will  be  published 
in  the  newspapers,  as  some  things  of  that  kind 
have  been  very  improperly  done  in  a  neighboring 
State ;  Congress  has  lately  laid  an  injunction  to 
taking  or  publishing  extracts  from  such  letters 
without  express  permission. 

The  act  of  the  General  Assembly  of  our  State 
respecting  allowance  for  coast  guards  &c  is  now 
before  a  grand  committee  not  reported  on.  We 
have  not  laid  the  act  for  making  a  cession  of  west- 
ern territory  before  Congress,  they  have  renewed 
the  requisition  to  the  States  for  that  purpose,  and 
we  shall  offer  a  cession  a  few  days  hence.  I 
hope,  Sir,  that  you  or  one  of  the  other  delegates 
will  come  forward  to  attend  the  committee  of  the 
States  to  be  left  in  the  recess  of  Congress.  I  am, 
Sir,  with  the  most  perfect  respect  and  esteem 
Your  humble  servant 

ROGER  SHERMAN. 

HON.  WILLIAM  WILLIAMS  Esqr. 


124  THE  LIFE   OF  ROGER  SHERMAN. 

Mr.  Sherman  was  annually  appointed  a  member 
of  the  Council  of  Safety  of  the  State  of  Connecti- 
cut from  1777  to  1779,  and  again  in  1782.  There 
is  no  record  of  the  proceedings  of  the  Council,  but 
it  appears  that  Mr.  Sherman  was  present  at  a  great 
many  meetings  in  the  last  half  of  1777,  and  in  the 
first  half  of  1779. 

At  the  October  session,  1785,  of  the  General 
Assembly  of  Connecticut,  Mr.  Sherman  was  ap- 
pointed one  of  a  committee  of  five  to  inspect  the 
copper  coin  manufactured  in  that  State. 

From  November,  1784,  till  his  election  to  the 
Constitutional  Convention  in  1787,  Mr.  Sherman 
enjoyed  a  period  of  comparative  repose,  devoting 
himself  to  the  performance  of  his  duties  as  Judge 
of  the  Superior  Court,  and  as  Mayor  of  the  City  of 
New  Haven. 

The  following  letter  from  Richard  Henry  Lee  is 
of  interest,  as  showing  his  regard  for  Mr.  Sherman. 
He  was  mistaken  in  supposing  that  Mr.  Sherman 
was  not  a  member  of  Congress  in  1780. 

CHANTILLY  IN  VIRGINIA,  Jan.  22,  1780. 

DEAR  SIR,  —  The  very  high  sense  that  I  enter- 
tain of  your  sound  and  virtuous  patriotism  will  by 
no  means  suffer  me  to  pass  you  by  when  I  am  dis- 
tributing a  pamphlet  which  I  think  it  imports  the 
friends  of  America  to  know  the  contents  of.  I  appre- 
hend that  the  faction  in  Congress  would  long  since 
have  made  the  most  essential  parts  public,  had  not 
concealment  been  necessary  to  cover  their  own 
misdeeds.  It  was  certainly  due  to  the  honor  of 
Congress  as  well  as  to  that  of  individuals,  that  the 


THE   CONTINENTAL   CONGRESS.  125 

public  should  be  disabused  in  points  of  great 
moment  wherein  they  had  been  most  boldly  and 
wickedly  mislead. 

You  may  observe  Sir,  that  I  have  taken  care  to 
omit  such  parts,  as  would  if  published,  have  tended 
to  offend  States  that  are  now  friendly  to  us.  These 
things  would  have  rendered  the  work  much  more 
complete  to  prove  the  vileness  of  that  libel  pub- 
lished on  the  5th  of  December  1778,  but  I  am  sure 
there  is  no  person  injured  by  that,  but  who  would 
rather  choose  to  continue  suffering  such  injury 
than  to  expose  it  by  means  that  would  be  hurtful 
to  the  community. 

It  gave  me  great  concern,  my  friend,  to  hear 
that  you  are  not  in  Congress.  I  lament  for  the 
public  good  which  I  am  sure  is  injured  thereby. 
My  mistake  is  great  indeed  if  there  ever  was  a  time 
when  more  wisdom  and  virtue  were  wanting  in  the 
Great  Council  of  America.  I  hope,  dear  sir,  that 
it  will  not  be  long  before  you  are  again  restored  to 
that  Assembly.  Be  so  kind  as  present  my  best 
respects  to  Mr  Hosmer  and  Mr  Ellsworth  and  let 
them  have  the  reading  of  this  pamphlet. 

It  will  give  me  pleasure  to  know  that  this  letter 
with  its  enclosure  has  reached"  you  safely,  for  this 
purpose  a  line  directed  for  me  to  the  care  of  the 
Post  Master  at  Leeds  Town  in  Westmoreland 
County,  Virginia  will  find  me.  I  am,  dear  Sir, 
with  high  esteem  and  great  affection, 
most  sincerely  yours, 

RICHARD  HENRY  LEE. 

The  following  is  a  letter  from  Roger  Sherman 


126     THE  LIFE  OF  ROGER  SHERMAN. 

introducing  Thomas  Jefferson   to   Dr.  Stiles,  the 
President  of  Yale  College  :  — 

ANNAPOLIS,  nth  May,  1784. 

SlR,  —  I  take  the  liberty  to  introduce  to  you  the 
Honorable  Thomas  Jefferson  Esqr.  late  Governor 
of  Virginia,  now  a  Minister  Plenipotentiary  of  the 
United  States  for  negotiating  treaties  of  commerce 
with  Great  Britain  and  several  other  European 
Powers,  in  conjunction  with  Mr  Adams,  and  Dr. 
Franklin.  He  is  the  bearer  of  this  letter,  and  is 
now  on  his  way  to  Boston,  there  to  embark  for 
Europe.  He  wishes  to  gain  what  acquaintance  he 
can  with  the  country  as  he  passes  through.  He  is 
a  gentleman  of  much  philosophical  as  well  as  politi- 
cal knowledge  —  and  I  doubt  not  you  will  be  very 
agreeably  entertained  with  his  conversation.  You 
will  be  pleased  to  introduce  him  to  such  other 
gentlemen  in  the  City  of  New  Haven  as  you  may 
think  proper.  I  am,  Sir,  with  great  esteem  & 
respect 

Your  humble  Servant, 

ROGER  SHERMAN. 

DOCTR  STILES. 


THE   CONSTITUTIONAL   CONVENTION.      127 


CHAPTER  VIII. 

THE   CONSTITUTIONAL  CONVENTION. 

THE  Articles  of  Confederation  provided  no 
means  of  supplying  the  treasury  of  the  government 
except  by  requisitions  on  the  State  governments. 
As  the  pressure  of  war  was  removed,  the  States 
paid  less  and  less  attention  to  those  requisitions, 
until  at  last  it  became  apparent  that,  unless  Con- 
gress was  clothed  with  adequate  powers  of  taxa- 
tion, the  Union  must  fall  to  pieces.  The  remedy 
proposed  was  to  give  Congress  the  power  to  levy 
and  collect  a  small  tax  on  imports.  To  this  all  of 
the  States  consented  but  Rhode  Island ;  and  as  the 
Articles  of  Confederation  provided  that  no  altera- 
tion should  be  made  in  them  without  the  consent 
of  the  legislature  of  every  State,  it  was  in  the  power 
of  the  smallest  State  to  frustrate  the  plans  of  all  the 
others.  In  the  Congress  of  1782,  a  serious  effort 
was  made  to  change  the  decision  of  Rhode  Island, 
but  in  vain. 

Nothing  more  remained  but  to  call  a  convention 
for  the  formation  of  a  government  truly  national, 
to  take  the  place  of  the  league  of  States  which  had 
proved  such  a  wretched  failure.  But  it  was  very 
difficult,  even  with  disunion  and  anarchy  staring 
them  in  the  face,  to  get  the  States  to  consent  to 
such  a  convention.  In  the  Congress  of  1783, 


128  THE  LIFE   OF  ROGER  SHERAIAN. 

Alexander  Hamilton  prepared  a  series  of  resolu- 
tions, setting  forth  the  defects  of  the  confederate 
government,  and  recommending  the  calling  of  a 
convention  of  the  States  to  remedy  those  defects, 
and  to  clothe  the  government  with  such  powers  as 
experience  had  shown  were  essential  to  its  exis- 
tence. These  resolutions  were  not  presented  for 
the  reason  endorsed  on  his  draft  in  these  words, 
"  intended  to  be  submitted  to  Congress  in  seven- 
teen hundred  and  eighty-three,  but  abandoned  for 
want  of  support."  The  fact  is  that,  as  Mr.  Gerry 
stated  in  the  Constitutional  Convention  of  1787, 
"  the  States  were  intoxicated  with  the  idea  of  their 
sovereignty." 

The  Confederation  was  not  only  destitute  of  the 
power  of  taxation,  it  had  no  control  of  commerce. 
It  was  this  latter  defect  which  led  to  those  move- 
ments which  resulted  in  the  Constitutional  Conven- 
tion of  1787.  The  first  step  in  this  direction  was 
the  attempt  of  Virginia  and  Maryland  to  establish 
a  code  of  commercial  regulations  between  them- 
selves. This  attempt  made  apparent  the  necessity 
of  a  uniform  system  to  regulate  the  commerce  of 
the  entire  country.  Accordingly,  in  January,  1786, 
the  legislature  of  Virginia  passed  a  resolution  to  be 
sent  to  all  the  other  States,  inviting  them  to  send 
deputies  to  a  convention,  for  the  purpose  "  of  con- 
sidering how  far  a  uniform  system  of  taxation  in 
their  commercial  intercourse  and  regulations  might 
be  ncessary  to  their  common  interest  and  perma- 
nent harmony." 

Four  States,  Connecticut,  Maryland,  South 
Carolina,  and  Georgia,  failed  to  elect  delegates. 


THE   CONSTITUTIONAL   CONVENTION.        129 

The  others  elected  delegates,  but  only  those  of 
five  States,  Virginia,  Delaware,  Pennsylvania,  New 
Jersey,  and  New  York,  attended  the  convention, 
which  assembled  at  Annapolis,  September  II, 
1786.  Those  who  met  were  too  few  to  accomplish 
the  task  in  hand.  But  they  did  what,  in  the  end, 
proved  to  be  far  better.  They  adopted  an  address, 
written  by  Alexander  Hamilton,  setting  forth  the 
evils  afflicting  the  country,  and  recommending,  as 
the  only  adequate  remedy  for  them,  that  the 
States  unite  "  in  the  appointment  of  commissioners 
to  meet  at  Philadelphia  on  the  second  Monday  in 
May  next,  to  take  into  consideration  the  situation 
of  the  United  States,  to  devise  such  further  provi- 
sions as  shall  appear  to  them  necessary  to  render 
the  Constitution  of  the  federal  government  ade- 
quate to  the  exigencies  of  the  Union,  and  to  report 
such  an  Act  for  that  purpose  to  the  United  States 
in  Congress  assembled,  as,  when  agreed  to  by 
them,  and  afterwards  confirmed  by  the  legislature 
of  every  State  will  effectually  provide  for  the 
same." 

This  address,  though  nominally  made  to  the 
legislatures  of  those  States  which  the  delegates 
represented,  was  sent  to  Congress,  and  to  the 
legislatures  of  all  the  States.  Fortunately,  its  sug- 
gestion was  followed  by  all  the  States  but  Rhode 
Island,  and  the  Constitutional  Convention  assem- 
bled at  Philadelphia  in  May,  1787. 

Among  the  many  men,  illustrious  for  character 
and  public  services,  who  composed  the  convention, 
two  stand  pre-eminent.  Washington,  whose  name 
alone  was  with  the  people  the  most  powerful  ar- 

9 


1 30  THE  LIFE   OF  ROGER  SHERMAN. 

gument  in  favor  of  any  cause  which  he  espoused, 
was  made  president  of  the  convention.  Franklin, 
the  Nestor  of  the  convention,  bending  under  the 
weight  of  eighty-one  years,  was  the  most  pictur- 
esque figure  in  that  assembly.  Two  years  before, 
he  had  returned  from  Europe,  where  his  abilities 
as  a  scientific  discoverer,  as  a  diplomatist,  and  as  a 
writer,  were  universally  recognized,  and  were  hon- 
ored with  the  highest  academic  distinction  which 
the  universities  of  Oxford  and  Edinburgh  had  to  be- 
stow. Three  members  of  the  Stamp  Act  Conven- 
tion of  1 765  were  there,  —  William  S.  Johnson,  John 
Rutledge,  and  John  Dickinson,  the  last  the  framer 
of  the  Articles  of  Confederation.  A  large  propor- 
tion of  those  present  had  been  members  of  the 
Continental  Congress.  The  youthful  and  brilliant 
Hamilton,  already  distinguished  as  soldier,  orator, 
and  lawyer,  and  soon  to  take  rank  among  the  great- 
est of  constructive  statesmen,  was  one  of  the  dele- 
gates from  New  York,  and  gave  his  earnest  support 
to  the  cause  of  a  strong,  national  government,  of 
which  Madison  and  Wilson  were  the  foremost 
champions. 

The  delegates  from  Connecticut  were  Roger 
Sherman,  William  Samuel  Johnson,  and  Oliver 
Ellsworth.  Mr.  Sherman  was,  next  to  Franklin, 
the  oldest  member  of  the  convention,  being  at  that 
time  sixty-six  years  of  age.  In  length  and  variety 
of  public  service  Franklin  alone  surpassed  him.  In 
clearness  of  perception,  soundness  of  judgment, 
and  steadfastness  of  purpose,  he  had  no  superior 
in  the  convention.  Johnson,  who  was  only  six 
years  the  junior  of  Sherman,  was  born  at  Stratford, 


THE    CONSTITUTIONAL    CONVENTION.       131 

Conn.,  and  was  the  son  of  an  Episcopal  clergyman. 
His  scholarship  had  secured  him  the  degree  of 
Doctor  of  Laws  from  Oxford.  He  was  one  of  the 
most  learned  lawyers  and  one  of  the  most  eloquent 
orators  in  America.  He  spent  nearly  five  years  in 
England  in  charge  of  an  important  law  suit  for  the 
State  of  Connecticut;  and  while  there  formed  the 
friendship  of  the  famous  Dr.  Johnson,  and  associ- 
ated freely  with  the  leading  statesmen  of  the  Whig 
party.  He  lacked  the  nerve  necessary  for  a  revo- 
lutionary period ;  and  when  the  war  broke  out,  he 
retired  from  public  life  and  devoted  himself  to 
study.  But  notwithstanding  he  was  an  Episcopa- 
lian in  a  severely  Puritan  commonwealth,  and  a 
non-combatant  among  a  people  famous  for  their 
fighting  qualities,  such  was  the  respect  entertained 
for  his  integrity,  abilities,  and  patriotism,  that,  as 
soon  as  the  war  was  over,  he  was  placed  in  the  most 
important  public  positions.  In  the  convention, 
though  not  a  frequent  speaker,  he  always  spoke 
with  marked  ability,  and  was  listened  to  with  re- 
spectful attention.  He  was  chairman  of  the  com- 
mittee of  five,  of  which  Hamilton,  G.  Morris, 
Madison,  and  King  were  the  other  members,  "  to 
revise  the  style  of,  and  arrange  the  articles  agreed 
to  by  the  House." 

Oliver  Ellsworth  was  several  years  younger  than 
his  associates,  having  been  born  at  Windsor,  Conn., 
in  1745.  A  graduate  of  Princeton,  he  studied  law 
with  Governor  Griswold  and  Judge  Root,  and 
speedily  rose  to  the  front  rank  of  his  profession. 
He  had  been  a  member  of  the  State  legislature  and 
of  the  Continental  Congress.  He  was  an  earnest 


132  THE  LIFE   OF  ROGER  SHERMAN. 

and  forcible  speaker,  and  in  his  business  qualities, 
strong  practical  sense,  and  decided  religious  char- 
acter, he  resembled  Roger  Sherman,  whom,  as  he 
told  John  Adams,  he  made  his  model.  He  was  an 
effective  debater  in  the  convention ;  but  his  fame 
rests  chiefly  on  the  services  which  he  afterwards 
rendered  in  the  United  States  Senate,  where,  as 
John  Adams  says  of  him,  he  was  "  the  firmest  pil- 
lar of  Washington's  whole  administration."  His 
most  enduring  monument  is  the  Judiciary  Act  of 
1789.  In  1796,  he  was  appointed  by  Washington 
Chief  Justice  of  the  Supreme  Court  of  the  United 
States,  and,  in  1799,  he  was  sent  as  envoy  extraor- 
dinary to  Paris,  where,  in  connection  with  his  col- 
leagues, he  negotiated  a  treaty  with  France. 

During  the  latter  part  of  Mr.  Sherman's  service 
in  the  Continental  Congress  he  became  strongly 
impressed  with  the  necessity  of  a  radical  change 
in  the  Articles  of  Confederation.  The  following 
propositions  found  among  his  manuscripts  were 
prepared  by  him,  as  embodying  the  amendments 
which  he  deemed  necessary  to  be  made  to  the 
existing  government. 

"  That,  in  addition  to  the  legislative  powers 
vested  in  congress  by  the  articles  of  confederation, 
the  legislature  of  the  United  States  be  authorised 
to  make  laws  to  regulate  the  commerce  of  the 
United  States  with  foreign  nations,  and  among  the 
several  states  in  the  union ;  to  impose  duties  on 
foreign  goods  and  commodities  imported  into  the 
United  States,  and  on  papers  passing  through  the 
post  office,  for  raising  a  revenue,  and  to  regulate 
the  collection  thereof,  and  apply  the  same  to  the 


THE    CONSTITUTIONAL    CONVENTION.        133 

payment  of  the  debts  due  from  the  United  States, 
and  for  supporting  the  government,  and  other 
necessary  charges  of  the  Union. 

"  To  make  laws  binding  on  the  people  of  the 
United  States,  and  on  the  courts  of  law,  and  other 
magistrates  and  officers,  civil  and  military,  within 
the  several  states,  in  all  cases  which  concern  the 
common  interests  of  the  United  States :  but  not  to 
interfere  with  the  government  of  the  individual 
states,  in  matters  of  internal  police  which  respect 
the  government  of  such  states  only,  and  wherein 
the  general  welfare  of  the  United  States  is  not 
affected. 

"  That  the  laws  of  the  United  States  ought,  as 
far  as  may  be  consistent  with  the  common  interest 
of  the  Union,  to  be  carried  into  execution  by  the 
judiciary  and  executive  officers  of  the  respective 
states,  wherein  the  execution  thereof  is  required. 

"  That  the  legislature  of  the  United  States  be 
authorised  to  institute  one  supreme  tribunal,  and 
such  other  tribunals  as  they  may  judge  necessary 
for  the  purpose  aforesaid,  and  ascertain  their  re- 
spective powers  and  jurisdiction. 

"  That  the  legislatures  of  the  individual  states 
ought  not  to  possess  a  right  to  emit  bills  of  credit 
for  a  currency,  or  to  make  any  tender  laws  for  the 
payment  or  discharge  of  debts  or  contracts,  in  any 
manner  different  from  the  agreement  of  the  parties, 
unless  for  payment  of  the  value  of  the  thing  con- 
tracted for,  in  current  money,  agreeable  to  the 
standard  that  shall  be  allowed  by  the  legislature  of 
the  United  States,  or  in  any  manner  to  obstruct  or 
impede  the  recovery  of  debts,  whereby  the  inter- 


134  THE  LIFE   OF  ROGER  SHERMAN. 

ests  of  foreigners,  or  the  citizens  of  any  other  state, 
may  be  affected. 

"That  the  eighth  article  of  the  confederation 
ought  to  be  amended,  agreeably  to  the  recommen- 
dation of  congress  of  the  —  day  of — .*j 

"  That,  if  any  state  shall  refuse  or  neglect  to 
furnish  its  quota  of  supplies,  upon  requisition  made 
by  the  legislature  of  the  United  States,  agreeably 
to  the  articles  of  the  Union,  that  the  said  legisla- 
ture be  authorised  to  order  the  same  to  be  levied 
and  collected  of  the  inhabitants  of  such  state,  and 
to  make  such  rules  and  orders  as  may  be  necessary 
for  that  purpose. 

"  That  the  legislature  of  the  United  States  have 
power  to  make  laws  for  calling  forth  such  aid  from 
the  people,  from  time  to  time,  as  may  be  necessary 
to  assist  the  civil  officers  in  the  execution  of  the 
laws  of  the  United  States ;  and  annex  suitable  pen- 
alties to  be  inflicted  in  case  of  disobedience. 

"  That  no  person  shall  be  liable  to  be  tried  for 
any  criminal  offence,  committed  within  any  of  the 
United  States,  in  any  other  state  than  that  wherein 
the  offence  shall  be  committed,  nor  be  deprived  of 
the  privilege  of  trial  by  a  jury,  by  virtue  of  any 
law  of  the  United  States." 

When  Mr.  Sherman  entered  the  Constitutional 
Convention,  he  doubtless  believed  that  some  such 
amendments  as  were  embodied  in  these  proposi- 
tions were  all  that  was  necessary  to  cure  the  de- 
fects of  the  existing  Confederation.  His  associates 

1  Making  the  contribution  of  each  State  to  the  national  treasury 
to  be  according  to  the  number  of  inhabitants,  instead  of  the  value 
of  land.  Date  should  be  April  18,  1783. 


THE   CONSTITUTIONAL    CONVENTION.        135 

from  Connecticut  agreed  with  him  in  this  opinion. 
Substantially,  this  was  the  opinion  of  nearly  one 
half  of  the  convention.  The  other  half  were  in 
favor  of  setting  aside  the  Articles  of  Confederation 
altogether,  and  of  substituting  in  their  place  a 
strong  national  government.  While,  in  a  general 
way,  it  was  true  that  the  convention  was  about 
equally  divided  between  these  parties,  there  was 
no  such  thing  as  a  party  organization  among 
them.  There  were  all  shades  of  nationalists,  and 
all  shades  of  confederates,  and  some  were  partly 
the  one,  and  partly  the  other.  A  more  inde- 
pendent body  of  men  never  met  together.  While 
tenacious  of  their  own  opinions,  they  were  largely 
men  of  open  minds,  and  ready  to  change  their 
opinions  on  the  reception  of  further  light.  Their 
debates  display  remarkable  ability,  but,  on  the 
whole,  what  most  impresses  one  is  the  sincere 
and  earnest  desire  evinced  to  devise  a  scheme  of 
government  which  should  most  largely  promote 
the  happiness  and  welfare  of  the  people.  The 
great  struggle  between  the  nationalists  and  the 
confederates  took  place  over  the  question  of  repre- 
sentation in  the  national  legislature.  The  story  of 
that  struggle,  and  of  the  compromise  in  which  it 
ended,  forms  the  most  interesting  and  important 
part  of  the  proceedings  of  the  convention. 

The  debates  in  the  Constitutional  Convention 
divide  themselves  into  three  distinct  periods :  — 

First.  The  debates  in  the  Committee  of  the 
Whole  on  the  state  of  the  Union,  which  extended 
from  May  30  to  June  19. 

From  May  30  to  June    13,  the  committee  had 


J  36  THE  LIFE   OF  ROGER  SHERMAN. 

under  consideration  the  fifteen  resolutions  of 
Randolph,  which  were  proposed,  and  referred  to 
the  Committee  of  the  Whole,  on  May  29,  and  which 
contained  the  leading  principles  which  he  thought 
should  prevail  in  a  National  Constitution. 

June  13,  the  committee  reported  in  favor  of 
the  Randolph  resolutions  as  they  had  been 
amended  in  debate.  This  may  be  called  the 
national  plan. 

June  15,  Mr.  Patterson  presented  the  resolutions 
known  as  the  New  Jersey  or  confederate  plan. 
This  plan  was  referred  to  the  Committee  of  the 
Whole,  and  the  national  plan  recommitted.  These 
plans  were  debated  till  June  19,  when  the  com- 
mittee voted  to  rise  and  report  in  favor  of  the 
national  plan. 

Second.  The  debates  in  the  convention  on  the 
national  plan,  which  extended  from  June  19  to 
July  26,  when  a  committee  of  detail  of  five 
members  was  appointed  to  prepare  and  report 
a  Constitution  conformable  to  the  twenty-three 
resolutions  adopted  by  the  convention. 

Third.  The  debates  in  the  convention  on  the 
detailed  plan,  which  extended  from  August  6  to 
September  16,  when  the  Constitution  was  adopted. 
September  17,  a  few  changes  were  made,  the 
Constitution  was  signed,  and  the  convention 
adjourned. 

In  the  first  period,  which  lasted  only  twenty 
days,  the  debates  were  brief  and  comparatively 
calm. 

In  the  second  period,  which  lasted  thirty-seven 
days,  the  great  struggle  between  the  national  and 


THE   CONSTITUTIONAL   CONVENTION.       137 

confederate  parties  took  place  which  ended  in  the 
adoption  of  the  compromise  plan. 

In  the  third  period,  which  lasted  forty- two  days, 
the  debate  on  details,  which  exhibited  great  diver- 
sity of  opinion,  was  conducted  without  asperity. 
The  slavery  question  excited  a  momentary  feeling, 
but  was  soon  disposed  of. 

The  leaders  of  the  nationalists  in  the  debates 
were  Madison,  Wilson,  Hamilton,  and  Gouverneur 
Morris.  The  leaders  of  the  confederates  were 
Patterson,  Lansing,  and  Luther  Martin.  Those  most 
active  in  effecting  compromises  between  the  con- 
tending parties  were  Sherman,  Ellsworth,  Franklin, 
and  Dickinson. 

The  point  on  which  there  was  the  bitterest  and 
most  prolonged  controversy  was,  as  I  have  stated, 
the  rule  of  suffrage  in  the  legislature.  The  resolu- 
tion on  this  subject  was  the  second  on  Mr.  Ran- 
dolph's list.  But  when  it  was  reached,  at  the  re- 
quest of  Mr.  Read,  of  Delaware,  the  consideration 
of  it  was  postponed,  "  as  the  deputies  from  Dela- 
ware were  restrained  by  their  commission  from  as- 
senting to  any  change  in  the  rule  of  suffrage,  and, 
in  case  such  a  change  should  be  fixed  on,  it  might 
become  their  duty  to  retire  from  the  convention." 

Accordingly  the  second  resolution  was  not  taken 
up  till  the  other  resolutions  had  been  acted  on. 
This  second  resolution  provided  "  that  the  rights 
of  suffrage  in  the  national  legislature  ought  to  be 
proportioned  to  the  quotas  of  contribution,  or  to 
the  number  of  free  inhabitants,  as  the  one  or  the 
other  rule  may  seem  best  in  different  cases."  On 
the  Qth  of  June  the  debate  on  the  second  reso- 


138  THE  LIFE   OF  ROGER  SHERMAN. 

lution  began.  Mr.  Brearly  and  Mr.  Patterson, 
of  New  Jersey,  spoke  in  opposition,  and  Mr. 
Wilson  in  favor  of  it.  June  1 1  the  debate  was 
resumed. 

Mr.  Sherman  proposed  that  the  proportion  of 
suffrage  in  the  first  branch  (the  House  of  Repre- 
sentatives) should  be  according  to  the  respective 
numbers  of  free  inhabitants  ;  and  that  in  the  second 
branch,  or  Senate,  each  State  should  have  one  vote 
and  no  more.  He  said,  as  the  States  would  re- 
main possessed  of  certain  individual  rights,  each 
State  ought  to  be  able  to  protect  itself;  otherwise 
a  few  large  States  will  rule  the  rest.  The  House 
of  Lords  in  England,  he  observed,  had  certain 
particular  rights  under  the  Constitution,  and  hence 
they  have  an  equal  vote  with  the  House  of  Com- 
mons, that  they  may  be  able  to  defend  their 
rights. 

This  was  the  first  direct  presentation  of  that  com- 
promise plan  by  which  the  conflicting  claims  of 
the  large  and  the  small  States  were  finally  adjusted. 
Twice  before  it  had  been  suggested,  in  debates  on 
other  questions.  May  31,  during  the  discussion  on 
the  mode  of  electing  Senators,  Mr.  Sherman  ex- 
pressed himself  in  favor  of  an  election  of  one  mem- 
ber by  each  of  the  State  legislatures.  June  2, 
while  discussing  the  mode  of  electing  the  Execu- 
tive, Mr.  Dickinson  said,  "  As  to  the  point  of  rep- 
resentation in  the  national  legislature,  as  it  might 
affect  States  of  different  sizes,  it  must  probably 
end  in  mutual  concession.  He  hoped  that  each 
State  would  retain  an  equal  voice,  at  least  in  one 
branch  of  the  national  legislature."  This  plan 


THE   CONSTITUTIONAL   CONVENTION.       139 

was  modified  in  some  of  its  details,  as  we  shall 
hereafter  see,  but  the  compromise,  as  finally 
adopted,  was,  in  substance,  representation  accord- 
ing to  population  in  the  House  of  Representatives, 
and  equal  representation  of  the  States  in  the 
Senate.  Roger  Sherman  was  thus  the  first  to  pro- 
pose this  important  compromise,  and  his  merit 
consists  in  this,  that,  while  the  advocates  of  a  strong 
general  government  were  in  favor  of  a  representa- 
tion in  both  Houses  of  the  legislature  based  on 
population,  and  the  advocates  of  a  weak  general 
government  were  in  favor  of  an  equal  representa- 
tion of  the  States  in  both  Houses,  Sherman,  though 
sympathizing  with  the  latter  class,  saw,  at  this  early 
day,  that  it  would  be  impossible  to  form  a  general 
government  unless  each  side  yielded  a  portion  of 
its  claims.  The  national  principle  must  prevail  in 
one  House,  and  the  confederate  principle  in  the 
other.  To  Roger  Sherman  belongs  the  credit,  not 
only  of  introducing  in  the  convention  this  compro- 
mise, which,  as  we  have  seen,  was  in  substance  the 
plan  proposed  by  him  eleven  years  before,  in  the 
debate  on  the  Articles  of  Confederation,  but  also 
of  bearing  the  brunt  of  the  contest  in  its  favor, 
through  a  long  and  severe  struggle,  till  it  was 
finally  adopted. 

After  a  brief  discussion,  it  was  decided  by  a  vote 
of  nine  to  two  that  representation  in  the  House 
should  be  in  proportion  to  the  whole  number  of 
free  inhabitants  and  three-fifths  of  the  slaves.  New 
Jersey  and  Delaware  were  the  only  States  voting 
in  the  negative. 

Mr.  Sherman  then  moved  that  the  question  be 


140  THE  LIFE   OF  ROGER  SHERMAN. 

taken  whether  each  State  shall  have  one  vote  in  the 
second  branch.  "  Everything,"  he  said,  "  de- 
pended on  this.  The  smaller  States  would  never 
agree  to  the  plan  on  any  other  principle  than  an 
equality  of  suffrage  in  this  branch."  Mr.  Ellsworth 
seconded  the  motion,  and  the  vote  was  five  yeas  to 
six  nays. 

Mr.  Wilson  then  moved  that  the  right  of  suffrage 
in  the  Senate  ought  to  be  according  to  the  same 
rule  as  in  the  first  branch.  On  this  motion  the 
vote  was  six  yeas  to  five  nays. 

In  the  resolutions  reported  to  the  convention  on 
June  13  by  the  Committee  of  the  Whole,  the 
national  principle  prevailed,  except  in  the  provision 
for  electing  the  Senators  by  the  State  legislatures. 
The  debate  on  those  resolutions  began  June  20, 
and  then  the  advocates  of  the  confederate  plan 
returned  to  the  contest  with  renewed  vigor.  In 
the  Committee  of  the  Whole  the  resolution  in  favor 
of  two  Houses  of  the  legislature  was  adopted  with- 
out debate.  But  when  that  resolution  came  up  in 
the  convention,  Lansing,  Luther  Martin,  Sherman, 
and  W.  S.  Johnson  made  elaborate  speeches 
against  it.  The  keynote  of  the  opposition  to  a 
legislature  of  two  Houses  was  struck  in  the  opening 
remark  of  Mr.  Lansing,  "  that  the  true  question 
here  was  whether  the  convention  would  adhere  to 
or  depart  from  the  foundation  of  the  present 
confederacy." 

Mr.  Sherman  seconded  and  supported  Mr. 
Lansing's  motion  in  favor  of  a  single  legislative 
House.  He  admitted  two  branches  to  be  necessary 
in  the  State  legislatures,  but  saw  no  necessity  in  a 


THE   CONSTITUTIONAL    CONVENTION.       141 

confederacy  of  States.  The  examples  were  all  of 
a  single  council.  Congress  carried  us  through  the 
war,  and  perhaps  as  well  as  any  government  could 
have  done.  The  complaints  at  present  are,  not 
that  the  views  of  Congress  are  unwise  or  unfaithful, 
but  that  their  powers  are  insufficient  for  the  execu- 
tion of  their  views.  The  national  debt,  and  the 
want  of  power  somewhere  to  draw  forth  the  national 
resources,  are  the  great  matters  that  press.  All  the 
States  were  sensible  of  the  defect  of  power  in  Con- 
gress. He  thought  much  might  be  said  in  apology 
for  the  failure  of  the  State  legislatures  to  comply 
with  the  Confederation.  They  were  afraid  of  lean- 
ing too  hard  on  the  people  by  accumulating  taxes ; 
no  constitutional  rule  had  been,  or  could  be  ob- 
served in  the  quotas ;  the  accounts  also  were  un- 
settled, and  every  State  supposed  itself  in  advance 
rather  than  in  arrears.  For  want  of  a  general  sys- 
tem, taxes  to  a  due  amount  had  not  been  drawn 
from  trade,  which  was  the  most  convenient  re- 
source. As  almost  all  the  States  had  agreed  to  the 
recommendation  of  Congress  on  the  subject  of  an 
impost,  it  appeared  clearly  that  they  were  willing 
to  trust  Congress  with  power  to  draw  a  revenue 
from  trade.  There  is  no  weight,  therefore,  in  the 
argument  drawn  from  a  distrust  of  Congress ;  for 
money  matters  being  the  most  important  of  all,  if 
the  people  will  trust  them  with  power  as  to  them, 
they  will  trust  them  with  any  other  necessary 
powers.  Congress,  indeed,  by  the  Confederation, 
have  in  fact  the  right  of  saying  how  much  the  peo- 
ple shall  pay,  and  to  what  purpose  it  shall  be  ap- 
plied ;  and  this  right  was  granted  to  them  in  the 


142  THE  LIFE   OF  ROGER  SHERMAN. 

expectation  that  it  would  in  all  cases  have  its  effect. 
If  another  branch  were  to  be  added  to  Congress, 
to  be  chosen  by  the  people,  it  would  serve  to  em- 
barrass. The  people  would  not  much  interest 
themselves  in  the  elections;  a  few  designing  men 
in  the  large  districts  would  carry  their  points ;  and 
the  people  would  have  no  more  confidence  in  their 
new  representatives  than  in  Congress.  He  saw  no 
reason  why  the  State  legislatures  should  be  un- 
friendly, as  had  been  suggested,  to  Congress.  If 
they  appoint  Congress,  and  approve  of  their 
measures,  they  would  be  rather  favorable  and  par- 
tial to  them.  The  disparity  of  the  States  in  point 
of  size,  he  perceived,  was  the  main  difficulty;  But 
the  large  States  had  not  yet  suffered  from  the 
equality  of  votes  enjoyed  by  the  smaller  ones.  In 
all  great  and  general  points,  the  interests  of  all  the 
States  were  the  same.  The  State  of  Virginia,  not- 
withstanding the  equality  of  votes,  ratified  the  Con- 
federation without  even  proposing  any  alteration. 
Massachusetts  also  ratified  without  any  material 
difficulty.  In  none  of  the  ratifications  is  the  want 
of  two  branches  noticed  or  complained  of.  To 
consolidate  the  States,  as  some  had  proposed, 
would  dissolve  our  treaties  with  foreign  nations, 
which  had  been  formed  with  us  as  confederated 
States.  He  did  not,  however,  suppose  that  the 
creation  of  two  branches  in  the  legislature  would 
have  such  an  effect.  If  the  difficulty  on  the  sub- 
ject of  representation  cannot  be  otherwise  got  over, 
he  would  agree  to  have  two  branches,  and  a  pro- 
portional representation  in  one  of  them,  provided 
each  State  had  an  equal  voice  in  the  other.  This 


THE   CONSTITUTIONAL   CONVENTION.      143 

was  necessary  to  secure  the  rights  of  the  lesser 
States,  otherwise  three  or  four  of  the  large  States 
would  rule  the  others  as  they  please.  Each  State, 
like  each  individual,  had  its  peculiar  habits,  usages, 
and  manners,  which  constituted  its  happiness.  It 
would  not,  therefore,  give  to  others  a  power  over 
this  happiness,  any  more  than  an  individual  would 
do,  when  he  could  avoid  it. 

Mr.  Mason,  Mr.  Wilson,  and  Mr.  Madison  very 
ably  supported  the  resolution  in  favor  of  two  Houses 
of  the  legislature ;  and  the  vote  stood  :  yeas,  seven  ; 
nays,  three ;  Maryland  divided.  The  vote  of  Con- 
necticut was  in  the  affirmative. 

The  debate  on  the  rules  of  suffrage  in  the  two 
branches  began  on  June  27,  and  was  continued  till 
July  1 6,  when  the  compromise  plan  was  adopted 
by  a  vote  of  five  to  four.  When  the  debate  had 
lasted  two  days,  and  the  prospect  of  harmonious 
action  seemed  to  be  diminishing  rather  than  in- 
creasing, Dr.  Franklin  moved  that  the  convention 
be  opened  each  day  with  prayer.  This  motion 
was  seconded  by  Mr.  Sherman.  It  did  not  come 
to  a  vote,  apparently  from  fear  that  it  might  excite 
alarm  among  the  people.  On  the  28th  of  June,  in 
discussing  the  resolution  that  the  suffrage  in  the 
first  branch  should  be  according  to  an  equitable 
ratio,  Mr.  Sherman  said,  the  question  is,  not  what 
rights  naturally  belong  to  a  man,  but  how  they  may 
be  most  equally  and  effectually  guarded  in  society. 
And  if  some  give  up  more  than  others,  in  order  to 
obtain  this  end,  there  can  be  no  room  for  com- 
plaint. To  do  otherwise,  to  require  an  equal  con- 
cession from  all,  if  it  would  create  danger  to  the 


144  THE  LIFE   OF  ROGER  SHERMAN. 

rights  of  some,  would  be  sacrificing  the  end  to  the 
means.  The  rich  man  who  enters  into  society 
along  with  the  poor  man  gives  up  more  than  the 
poor  man ;  yet,  with  an  equal  vote,  he  is  equally 
safe.  Were  he  to  have  more  votes  than  the  poor 
man,  in  proportion  to  his  superior  stake,  the  rights 
of  the  poor  man  would  immediately  cease  to  be 
secure.  This  consideration  prevailed  when  the 
Articles  of  Confederation  were  formed. 

On  the  29th  of  June,  it  was  decided  by  a  vote  of 
six  to  four  that  the  rule  of  suffrage  in  the  first 
branch  (the  House  of  Representatives)  ought  not 
to  be  according  to  that  established  by  the  Articles 
of  Confederation.  Connecticut,  New  York,  New 
Jersey,  Delaware  voted  in  the  negative,  and  Mary- 
land was  divided.  On  this  day,  Mr.  Sherman's 
associate,  Mr.  Johnson,  made  the  following  admi- 
rable speech  on  behalf  of  the  compromise  plan:  — 

"  The  controversy  must  be  endless  whilst  gentle- 
men differ  in  the  grounds  of  their  arguments  :  those 
on  one  side  considering  the  States  as  districts  of 
people  composing  one  political  society,  those  on 
the  other  considering  them  as  so  many  political 
societies.  The  fact  is  that  the  States  do  exist  as 
so  many  societies,  and  a  government  is  to  be  formed 
for  them  in  their  political  capacity,  as  well  as  for 
the  individuals  composing  them.  Does  it  not  seem 
to  follow,  that  if  the  States,  as  such,  are  to  exist, 
they  must  be  armed  with  some  power  of  self-de- 
fence? This  is  the  idea  of  Col.  Mason,  who  ap- 
pears to  have  looked  to  the  bottom  of  this  matter. 
Besides  the  aristocratic  and  other  interests,  which 
ought  to  have  the  means  of  defending  themselves, 


THE  CONSTITUTIONAL  CONVENTION.        145 

the  States  have  their  interests  as  such,  and  are 
equally  entitled  to  like  means.  On  the  whole,  he 
thought  that,  as,  in  some  respects,  the  States  are  to 
be  considered  in  their  political  capacity,  and,  in 
others,  as  districts  of  individual  citizens,  the  two 
ideas  embraced  on  different  sides,  instead  of  being 
opposed  to  each  other,  ought  to  be  combined  — 
that  in  one  branch  the  people  ought  to  be  repre- 
sented, in  the  other,  the  States." 

After  this  vote  was  taken,  Mr.  Ellsworth  moved 
that  the  rule  of  suffrage  in  the  second  branch 
(the  Senate)  be  the  same  with  that  established  by 
the  Articles  of  Confederation.  Mr.  Baldwin,  of 
Georgia,  "  thought  the  second  branch  ought  to  be 
the  representation  of  property,  and  that  in  forming 
it,  therefore,  some  reference  ought  to  be  had  to 
the  relative  wealth  of  their  constituents,  and  to  the 
principles  on  which  the  Senate  of  Massachusetts 
was  constituted." 

The  debate  on  Mr.  Ellsworth's  motion  was  re- 
sumed on  the  3Oth  of  June.  In  the  course  of  this 
debate,  Mr.  Madison  said  that  the  difference  in  in- 
terest between  the  States  depended  not  upon  their 
size,  but  upon  their  being  slave-holding  or  non- 
slave-holding  States.  The  remedy  for  this  differ- 
ence which  had  occurred  to  him  was  that,  instead 
of  proportioning  the  votes  of  the  States,  in  both 
branches,  to  their  respective  numbers  of  inhabit- 
ants, computing  the  slaves  in  the  ratio  of  five  to 
three,  they  should  be  represented  in  one  branch 
according  to  the  number  of  free  inhabitants  only, 
and  in  the  other  according  to  the  whole  number, 
counting  the  slaves  as  free.  By  this  arrangement 


146  THE  LIFE   OF  ROGER  SHERMAN. 

the  Southern  scale  would  have  the  advantage  in 
one  House,  and  the  Northern  in  the  other. 

Mr.  Sherman,  in  reply  to  the  charge  that  the 
States  had  not  complied  with  the  requisitions  of 
Congress,  said,  "  Congress  is  not  to  blame  for 
the  faults  of  the  States.  Their  measures  have 
been  right,  and  the  only  thing  wanting  has  been 
a  further  power  in  Congress  to  render  them 
effectual." 

Mr.  Wilson  proposed  one  Senator  for  every 
100,000  souls,  the  States  not  having  that  number 
to  be  allowed  one. 

Dr.  Franklin  proposed  an  equal  number  of  Sen- 
ators from  each  State ;  that  in  all  questions  touch- 
ing the  sovereignty  of  the  States,  or  whereby  the 
authority  of  the  States  over  their  own  citizens  may 
be  diminished,  or  the  authority  of  the  general  gov- 
ernment within  the  States  increased,  and  in  the 
appointment  of  civil  officers,  each  State  should 
have  equal  suffrage ;  that  in  money  bills  the  dele- 
gates of  the  several  States  shall  have  suffrage  in 
proportion  to  the  contribution  of  their  States  to 
the  Treasury.  The  debate  on  this  day  was  very 
heated,  Mr.  Bedford,  of  Delaware,  stating  that  the 
small  States,  rather  than  agree  to  the  national  plan, 
would  prefer  a  foreign  alliance. 

July  2,  the  vote  on  Mr.  Ellsworth's  motion  was 
taken,  and  it  was  lost  by  an  equal  division,  five 
to  five.  Connecticut,  New  York,  New  Jersey,  Del- 
aware, Maryland,  aye;  Massachusetts,  Pennsyl- 
vania, Virginia,  North  Carolina,  South  Carolina, 
nay ;  Georgia  divided. 

Up  to  this  time  Georgia  had  voted  with  the  Na- 


THE   CONSTITUTIONAL   CONVENTION.       147 

tionalists.  It  is  an  interesting  fact,  that  the  Georgia 
delegate,  whose  affirmative  vote  on  this  occasion 
divided  that  State,  and  thus  destroyed  the  majority 
of  the  nationalists  on  this  question  of  representa- 
tion, and  made  the  compromise  which  was  finally 
adopted  a  necessity,  was  Abraham  Baldwin,  who 
was  born  and  educated  in  Connecticut,  and  who 
removed  to  Georgia  about  three  years  before  this 
convention  was  held.  His  vote  at  this  critical 
juncture  gives  an  added  emphasis  to  the  phrase 
"  the  Connecticut  Compromise,"  which  Mr.  Ban- 
croft has  made  so  familiar. 

Mr.  C.  Pinckney  proposed  that  the  representa- 
tion of  the  States  in  the  Senate  should  vary  ac- 
cording to  population,  but  that  the  larger  States 
should  not  have  their  full  proportion. 

Gen.  C.  C.  Pinckney  proposed  a  committee  of 
one  from  each  State  to  report  a  plan  of  compro- 
mise. This  seemed  to  be  felt  by  most  to  be  a 
necessity. 

Mr.  Randolph  said  he  would  agree  that,  in  the 
choice  of  an  Executive,  each  State  should  have  an 
equal  vote.  Vote  for  the  committee  :  yeas,  nine  ; 
nays,  two. 

July  5,  the  committee  of  eleven  reported  two 
propositions: 

i.  That  in  the  House  of  Representatives  there 
be  one  representative  for  every  40.000  inhabitants ; 
each  State  to  have  at  least  one ;  all  money  bills  to 
originate  in  the  House,  and  not  be  amended  in 
Senate ;  no  money  to  be  drawn  from  the  Treasury 
but  in  pursuance  of  appropriations  originated  in 
the  House. 


148  THE  LIFE   OF  ROGER  SHERMAN. 

2.  In  the  Senate  each  State  to  have  an  equal 
vote. 

Mr.  Madison,  in  a  note  (5  Elliot,  274)  says  that 
this  compromise  was  proposed  by  Dr.  Franklin ; 
that  Mr.  Sherman,  who  took  the  place  of  Mr. 
Ellsworth,  proposed  that  each  State  should  have  an 
equal  vote  in  the  Senate,  provided  that  no  decision 
therein  should  prevail  unless  the  majority  of  States 
concurring  should  also  comprise  a  majority  of  the 
inhabitants  of  the  United  States,  but  it  was  not 
much  deliberated  on  or  approved  in  the  committee. 
Mr.  Madison  says  a  similar  provision  was  proposed 
in  the  debates  on  the  Articles  of  Confederation.  I 
can  find  no  confirmation  of  this  last  statement. 
Probably  Mr.  Madison  had  in  mind  the  proposi- 
tion reported  by  Mr.  Adams,  to  which  reference 
has  been  made  in  speaking  of  those  debates,  and 
in  which  proposition  Mr.  Sherman,  eleven  years 
before  the  Constitutional  Convention,  provided  for 
combining  an  equal  representation  of  States  with 
a  proportionate  representation  of  individuals. 

The  debate  which  followed  on  this  day  and  the 
next  related  principally  to  the  question  whether 
giving  to  the  House  the  sole  right  to  originate 
money  bills  was  really  any  concession  to  the  large 
States.  It  was  finally  voted,  five  to  three,  that  the 
clause  relating  to  money  bills  should  stand  as  a 
part  of  the  report. 

July  7,  the  question  was  taken  up :  Shall  the 
clause  allowing  each  State  one  vote  in  the  second 
branch  (the  Senate)  stand  as  a  part  of  the  report? 

Mr.  Sherman  supposed  it  was  the  wish  of  every 
one  that  some  general  government  should  be  es- 


THE   CONSTITUTIONAL    CONVENTION.       149 

tablished.  An  equal  vote  in  the  second  branch 
would,  he  thought,  be  most  likely  to  give  it  the 
necessary  vigor.  "  The  small  States  have  more 
vigor  in  their  government  than  the  large  ones; 
the  more  influence,  therefore,  the  large  ones  have, 
the  weaker  will  be  the  government.  In  the  large 
States  it  will  be  most  difficult  to  collect  the  real 
and  fair  sense  of  the  people ;  fallacy  and  undue 
influence  will  be  practiced  with  the  most  success, 
and  improper  men  will  most  easily  get  into  office. 
If  they  vote  by  States  in  the  second  branch,  and 
each  State  has  an  equal  vote,  there  must  be  always 
a  majority  of  States  as  well  as  a  majority  of  the 
people  on  the  side  of  public  measures,  and  the 
Government  will  have  decision  and  efficacy.  If 
this  be  not  the  case  in  the  second  branch,  there 
may  be  a  majority  of  States  against  public  meas- 
ures, and  the  difficulty  of  compelling  them  to  abide 
by  the  public  determination  will  render  the  Gov- 
ernment feebler  than  it  has  ever  yet  been."  The 
vote  on  this  question  stood :  yeas,  six ;  nays,  three. 
Pennsylvania,  Virginia,  South  Carolina,  nay;  Mas- 
sachusetts and  Georgia,  divided. 

From  the  9th  to  the  I4th  of  July,  the  debate  was 
on  a  variety  of  questions  growing  out  of  the  pro- 
vision relating  to  the  number  of  members  in  the 
House  of  Representatives,  such  as.  slave  represen- 
tation, census,  and  representation  of  new  States. 

On  the  1 4th  of  July,  Mr.  Rutledge  proposed  to 
reconsider  the  two  propositions  touching  the  origi- 
nating of  money  bills  in  the  first,  and  the  equality 
of  votes  in  the  second  branch. 

Mr.   Gerry  favored  the  reconsideration,  with  a 


I  50  THE  LIFE  OF  ROGER  SHERMAN. 

view,  not  of  destroying  the  equality  of  votes,  but 
of  providing  that  the  States  should  vote  per  capita, 
which,  he  said,  would  prevent  the  delays  and  in- 
conveniences that  had  been  experienced  in  Con- 
gress, and  would  give  a  national  aspect  and  spirit 
to  the  management  of  business. 

This  proposition  of  Mr.  Gerry's  that  the  Sena- 
tors vote  per  capita,  though  not  acted  upon  at  this 
time,  was  renewed  by  Gouverneur  Morris  and  Mr. 
King  on  July  23,  and  was  then  adopted.  This  was 
the  last  step  in  the  controversy,  and  one  of  the 
most  important.  It  must  have  seemed  to  the 
Nationalists  a  much  greater  concession  than  the 
giving  to  the  House  of  Representatives  the  exclu- 
sive right  to  originate  money  bills.  It  removed 
from  the  proceedings  of  the  Senate  all  appearance 
of  State  action,  and,  as  Mr.  Gerry  said,  it  gave  a 
national  aspect  and  spirit  to  the  management  of 
business.  Only  the  extreme  State  rights  men,  like 
Luther  Martin,  opposed  it,  and,  on  the  final  vote, 
Maryland  was  the  only  State  voting  in  the  nega- 
tive. For  this  suggestion  Mr.  Gerry  is  entitled  to 
no  small  share  of  credit. 

The  reconsideration  proposed  by  Mr.  Rutledge 
having  been  agreed  to,  Mr.  Pinckney  moved  that, 
instead  of  an  equality  of  votes,  the  States  should  be 
represented  in  the  Senate  as  follows :  New  Hamp- 
shire, two  ;  Massachusetts,  four ;  Rhode  Island,  one ; 
Connecticut,  three ;  New  York,  three  ;  New  Jersey, 
two ;  Pennsylvania,  four ;  Delaware,  one ;  Mary- 
land, three  ;  Virginia,  five ;  North  Carolina,  three ; 
South  Carolina,  three ;  Georgia,  two.  Total,  thirty- 
six.  This  motion  was  seconded  by  Mr.  Wilson. 


THE   CONSTITUTIONAL    CONVENTION.       151 

Mr.  Sherman  urged  the  equality  of  votes,  as  a 
security  not  so  much  for  the  small  States,  as  for  the 
State  governments,  which  could  not  be  preserved 
unless  they  were  represented  and  had  a  negative 
in  the  general  government.  He  had  no  objection 
to  the  members  in  the  second  branch  voting  per 
capita,  as  had  been  suggested  by  Mr.  Gerry,  «• 

Strong  speeches  were  made  by  King,  Madison, 
and  Wilson  against  giving  to  the  States  an  equal- 
ity of  votes  in  the  Senate.  Vote  on  Mr.  Pinckney's 
motion  :  yeas,  four ;  nays,  six. 

On  the  1 6th  of  July,  the  vote  was  taken  on  the 
whole  report  as  amended,  including  equality  of 
votes  in  the  Senate,  and  resulted  in  five  yeas  and 
four  nays.  Massachusetts  divided. 

July  23,  Gouverneur  Morris  and  Mr.  King  moved 
that  the  Senators  vote  per  capita.  Mr.  Ellsworth 
said  he  had  always  approved  of  voting  in  that 
mode.  It  was  agreed  to  that  the  number  of  Sena- 
tors be  two  from  each  State. 

Mr.  L.  Martin  was  opposed  to  voting  per  capita, 
as  departing  from  the  idea  of  the  States  being  rep- 
resented in  the  second  branch.  Mr.  Carroll  was 
not  struck  with  any  particular  objection  against 
the  mode,  but  he  did  not  wish  so  hastily  to  make 
so  material  an  innovation. 

The  vote  on  the  whole  motion,  viz. :  "  The  sec- 
ond branch  to  consist  of  two  members  from  each 
State,  and  to  vote  per  capita,"  was :  yeas,  nine ; 
nay,  one  (Maryland). 

From  this  review  of  the  proceedings  in  the  Fed- 
eral Convention  on  the  rule  of  suffrage  in  the  two 
Houses  of  the  national  legislature,  we  perceive  : 


152  THE  LIFE   OF  ROGER  SHERMAN. 

(1)  That  the  first  motion  that  the  States  have 
an  equal  vote  in  the  Senate  was  made  in  the  Com- 
mittee of  the  Whole,  on  June  9,  by  Roger  Sherman, 
and  was  seconded  by  Oliver  Ellsworth,  and  that 
this  motion  was  negatived  by  a  vote  of  five  yeas  to 
six  nays. 

(2)  That  immediately  after  this  vote  was  taken 
James  Wilson  moved  that  the  right  of  suffrage  in 
the  Senate  be  the  same  as  in  the  House  of  Repre- 
sentatives (that  is,  according  to  population),  and 
that  this  motion  prevailed  by  a  vote  of  six  yeas  to 
five  nays. 

(3)  That  on  the  I3th  of  June  the  national  plan 
was   reported    by   the    Committee    of  the  Whole, 
which  provided  that  the  rule  of  suffrage  in  both 
Houses  should  be  according  to  population. 

(4)  That  in  the   debate  in  the  convention   on 
this  national  plan,   on  June   29,  Oliver  Ellsworth 
moved  that  the  rule  of  suffrage  in  the  Senate  be 
the  same  with  that  established  by  the  Articles  of 
Confederation.     After  a  long  debate,  the  vote  was 
taken  on  this  motion  on  July  2,  and  resulted  in  an 
equal  division  of  the  convention,  five  yeas  and  five 
nays,  and  Georgia  divided. 

(5)  That,  to  break  this  deadlock,  a  committee 
of  eleven,    one    from    each  State,  was    appointed 
to  see  if  they  could  not  agree  on  a  compromise 
plan. 

On  July  5,  the  committee  of  eleven,  of  which  Mr. 
Sherman  was  a  member,  reported  a  plan,  which 
was,  in  substance,  that  in  the  House  of  Represent- 
atives representation  be  according  to  population ; 
that  money  bills  originate  in  the  House,  which 


THE   CONSTITUTIONAL   CONVENTION.        153 

shall  not  be  altered  or  amended  in  the  Senate ;  and 
that  in  the  Senate  each  State  shall  have  an  equal 
vote.  After  a  long  debate  and  various  amend- 
ments, which  only  affected  the  representation  in 
the  House  of  Representatives,  the  compromise 
plan,  giving  the  States  an  equal  vote  in  the  Senate, 
was,  on  July  16,  adopted  by  a  vote  of  five  yeas  to 
four  nays,  Massachusetts  being  divided. 

(6)  That  the  final  action  on  this  subject  was 
taken  on  the  23d  of  July,  when  it  was  decided,  by 
a  vote  of  nine  yeas  to  one  nay,  that  there  be  two 
Senators  from  each  State,  and  that  they  vote  per 
capita. 

Besides  the  three  main  plans  for  representation 
in  the  two  Houses,  which  I  have  called  the  national, 
the  confederate,  and  the  compromise  plans  — by  the 
first  of  which  representation  in  both  Houses  was 
to  be  according  to  population ;  by  the  second,  the 
States  were  to  have  an  equal  vote  in  both  Houses ; 
by  the  third,  the  States  were  to  be  represented  ac- 
cording to  population  in  the  House,  and  to  be 
equally  represented  in  the  Senate  —  besides  these 
three  main  plans,  a  variety  of  other  plans  were 
suggested  in  the  course  of  the  debate.  They  were, 
as  we  have  seen,  the  plans  of  Mr.  Baldwin,  of  Mr. 
Madison,  of  Mr.  Wilson,  of  Dr.  Franklin,  of  Mr. 
Pinckney,  and  of  Mr.  Sherman  in  the  committee  of 
eleven. 

September  15,  the  last  day  of  the  debate,  Mr. 
Sherman  moved  a  proviso  to  the  Article  on 
Amendments,  "  that  no  State  shall,  without  its 
consent,  be  affected  in  its  internal  police,  or  de- 
prived of  its  equal  suffrage  in  the  Senate."  The 


154  THE  LIFE    OF  ROGER  SHERMAN. 

part  relating  to  equal  suffrage  in  the  Senate  was 
adopted. 

This  plan  of  a  double  representation  in  our 
national  legislature,  of  population  in  one  House 
and  of  States  in  the  other,  has  generally  been 
spoken  of  as  a  masterstroke  of  statesmanship.  We 
have  seen  that  it  was  simply  the  result  of  a  com- 
promise. It  originated  in  a  groundless  fear  that 
the  larger  States  would  combine  to  oppress  the 
smaller  ones.  It  was  in  vain  that  Madison,  and 
Wilson,  and  Hamilton  pointed  out  that  States 
would  be  led  to  act  together,  not  from  similarity 
in  size,  but  from  unity  in  interest,  and  that  there 
was  no  such  unity  of  interest  in  what  were  then 
the  large  States  (Massachusetts,  Pennsylvania,  and 
Virginia)  as  to  lead  them  to  oppress  the  smaller 
ones.  As  we  read  the  debates,  we  cannot  help  be- 
lieving that  a  man  of  such  strong  sense'  as  Roger 
Sherman  must  have  felt  the  force  of  these  argu- 
ments. That  he  did  so  seems  apparent  from  the 
fact  that  toward  the  close  of  the  debate  he  de- 
fended the  equal  representation  of  the  States  in  the 
Senate  on  the  ground  that  it  was  necessary  to  pre- 
serve the  rights,  not  of  the  small  States  against  the 
large  States,  but  of  all  the  States  against  the 
general  government. 

Experience  has  shown  that  there  never  was  the 
slightest  danger  that  the  large  States  would  com- 
bine to  oppress  the  small  ones;  and  that  there 
was  more  danger  to  the  national  government 
from  the  State  governments  than  to  the  State 
governments  from  the  national  government.  But 
while  these  fears  of  the  early  advocates  of  State 


THE   CONSTITUTIONAL   CONVENTION.       155 

rights  were  groundless,  Sherman  and  his  associates 
were  doubtless  right  in  their  belief  that  the  major- 
ity of  the  people  were  in  favor  of  an  amendment 
of  the  Articles  of  Confederation  rather  than  of  a 
purely  national  government,  and  that  there  was 
danger  that  they  would  reject  a  Constitution  which 
did  not  give  to  the  States  an  equal  representation 
in  at  least  one  House  of  the  national  legislature. 
And  so  they  insisted  on  a  compromise  which  gave  us 
not  an  ideally  perfect  national  government,  but  the 
best  perhaps  which  the  people  were  willing  to  bear. 

Madison  and  his  associates  were  right  in  point- 
ing out  that  the  danger  to  the  nation  was  from  the 
State-rights  sentiment  rather  than  from  the  national 
sentiment.  Accordingly  we  find  that  the  first 
mutterings  of  discontent  were  in  the  Kentucky 
nullification  resolutions  and  in  the  Hartford  Con- 
vention. Disloyalty  took  a  more  serious  form,  in 
Jackson's  time,  in  the  nullification  proceedings  in 
South  Carolina.  It  culminated,  in  our  own  day, 
in  secession  and  civil  war. 

The  constitution  of  the  Senate  as  the  represent- 
ative of  the  States  did  not  produce  the  good  an- 
ticipated, as  the  large  States  were  never  hostile  to 
the  small  States,  and  the  negative  of  the  Senate 
was  never  invoked  to  guard  the  States  against  in- 
jurious legislation  by  the  House  of  Representatives. 
Neither  did  it  produce  the  evil  feared,  as  the  action 
of  the  Senate  was  never  anti-national.  It  did,  how- 
ever, produce  what  the  advocates  of  a  strong 
national  government  most  desired,  a  small  body  of 
picked  men,  whose  intelligence,  character,  and 
length  of  service  have  made  them  a  fit  check  on 


156  THE  LIFE   OF  ROGER  SHERMAN. 

the  popular  branch  of  the  legislature,  and  a  safe 
depository  of  the  treaty-making  power.  We  never 
think  of  the  Senate  as  the  guardian  of  State  rights, 
but  as  the  noblest  embodiment  of  the  legislative 
wisdom  of  the  nation. 

During  the  early  debates  in  the  convention, 
Roger  Sherman  showed  himself  in  favor  of  amend- 
ing the  Articles  of  Confederation  rather  than  of 
forming  a  strictly  national  government.  He  ex- 
pressed himself  to  this  effect  on  the  first  day  he 
took  his  seat  in  the  convention.  Luther  Martin 
said  in  his  report  to  the  Maryland  legislature  that 
the  members  of  the  convention  who  prepared  the 
resolutions  for  amending  the  Articles  of  Confed- 
eration presented  by  Patterson  were  principally 
of  the  Connecticut,  New  York,  New  Jersey,  Dela- 
ware, and  Maryland  delegations. 

Sherman  favored  the  election  of  both  Represent- 
atives and  Senators  by  the  State  legislatures  rather 
than  by  the  people,  though  he  finally  acquiesced 
in  the  election  of  Representatives  by  the  people. 
He  thought  the  President  should  be  elected  by  the 
national  legislature,  and  should  be  absolutely  de- 
pendent on  it  and  removable  by  it  at  pleasure.1 
He  thought  Representatives  and  Senators  should  be 
paid  by  the  State  and  not  by  the  national  legis- 
lature, but  finally  proposed  that  they  be  paid  five 
dollars  a  day  out  of  the  national  treasury,  and  that 
any  further  emoluments  be  added  by  the  States. 

He  thought  the  judges  should  be  removed  by 
the  President,  on  the  application  of  the  Senate  and 

1  The  resemblance  between  this  plan  and  the  Cabinet  Govern- 
ment described  in  Bagehot's  English  Constitution  will  be  noticed. 


THE   CONSTITUTIONAL    CONVENTION.       157 

House.  He  opposed  inferior  courts  as  a  needless 
expense,  as  the  State  courts  would  answer  the  same 
purpose.  Finally,  he  was  willing  the  legislature 
should  create  them,  but  wished  the  State  courts 
to  be  used  when  it  could  be  done  with  safety  to 
the  general  interest.  He,  however,  expressed 
more  confidence  in  the  national  judiciary  than 
some  did,  and  believed  it  a  better  tribunal  for  de- 
termining controversies  between  the  States  than 
the  old  method  under  the  Confederation. 

He  favored  the  ratification  of  the  Constitution 
by  the  State  legislatures  rather  than  by  conven- 
tions of  the  people.  To  the  clause  relating  to 
amendments,  he  moved  to  add  that  "  no  amend- 
ments shall  be  binding  unless  consented  to  by  the 
several  States." 

In  the  plan  for  choosing  a  President  by  electors, 
it  was  provided  that,  in  case  of  failure  to  choose, 
the  Senate  should  choose  a  President  out  of  the 
five  highest  candidates.  It  was  thought  this  would 
strengthen  the  aristocratic  influence  of  the  Senate 
too  much ;  so  it  was  proposed  that  the  choice 
should  be  by  the  legislature.  Mr.  Sherman  then 
suggested  that  in  that  case  the  vote  should  be  by 
States  —  "  in  favor  of  the  small  States,  as  the  large 
States  would  have  so  great  an  advantage  in  nomi- 
nating the  candidates."  Finally  he  suggested  the 
plan  —  which  was  adopted  —  of  a  vote  by  the  House 
of  Representatives,  each  State  having  one  vote. 

When  the  proposition  for  the  election  of  Repre- 
sentatives by  the  people  was  first  under  discussion 
(May  31),  Mr.  Sherman  opposed  election  by  the 
people,  insisting  that  it  ought  to  be  by  the  State 


158     THE  LIFE  OF  ROGER  SHERMAN. 

legislatures.  "  The  people,"  he  said,  "  immedi- 
ately should  have  as  little  to  do  as  may  be  about 
the  government.  They  want  information,  and  are 
constantly  liable  to  be  misled." 

When  this  matter  was  brought  up  the  second 
time  (June  6),  Mr.  Sherman  said:  — 

"  If  it  were  in  view  to  abolish  the  State  govern- 
ments, the  elections  ought  to  be  by  the  people.  If 
the  State  governments  are  to  be  continued,  it  is 
necessary,  in  order  to  preserve  harmony  between 
the  national  and  State  governments,  that  the  elec- 
tions to  the  former  should  be  made  by  the  latter. 
The  right  of  participating  in  the  national  govern- 
ment would  be  sufficiently  secured  to  the  people 
by  their  election  of  the  State  legislatures." 

When  the  clause  that  the  President  should  be 
chosen  by  the  national  legislature  was  under  dis- 
cussion (July  17),  Mr.  Sherman  thought  that  the 
sense  of  the  nation  would  be  better  expressed  by 
the  legislature  than  by  the  people  at  large.  "  The 
latter  will  never  be  sufficiently  informed  of  charac- 
ters, and  besides  will  never  give  a  majority  of  votes 
to  any  one  man.  They  will  generally  vote  for 
some  man  in  their  own  State,  and  the  largest  State 
will  have  the  best  chance  for  the  appointment.  If 
the  choice  be  made  by  the  legislature,  a  majority 
of  voices  may  be  made  necessary  to  constitute  an 
election." 

In  the  speech  above  referred  to,  made  on  June  6, 
Mr.  Sherman  took  a  very  limited  view  of  the  pow- 
ers of  the  general  government.  "  The  objects  of 
the  Union,"  he  thought,  "were  few  —  first,  defense 
against  foreign  danger;  secondly,  against  internal 


THE   CONSTITUTIONAL    CONVENTION.       159 

disputes  and  a  resort  to  force ;  thirdly,  treaties 
with  foreign  nations;  fourthly,  regulating  foreign 
commerce  and  deriving  revenue  from  it.  These, 
and  perhaps  a  few  lesser  objects,  alone  rendered  a 
confederation  of  the  States  necessary.  All  other 
matters,  civil  and  criminal,  would  be  much  better 
in  the  hands  of  the  States.  The  people  are  more 
happy  in  small  than  in  large  States.  States  may, 
indeed,  be  too  small,  as  Rhode  Island,  and  thereby 
be  too  subject  to  faction.  Some  others  were,  per- 
haps, too  large,  the  powers  of  government  not 
being  able  to  pervade  them.  He  was  for  giving 
the  general  government  power  to  legislate  and 
execute  within  a  defined  province." 

He  was  opposed  to  the  appointment  by  the 
general  government  of  the  general  officers  of  the 
militia.  He  was  opposed  to  a  tax  on  exports. 
When  it  was  proposed  to  give  the  President  an 
absolute  veto  power,  Mr.  Sherman  said  he  "was 
against  enabling  any  one  man  to  stop  the  will  of 
the  whole.  He  thought  we  ought  to  avail  our- 
selves of  his  wisdom  in  revising  the  laws,  but  not 
to  permit  him  to  overrule  the  decided  and  cool 
opinions  of  the  legislature."  1  The  awkward  plan 
of  giving  the  national  legislature  the  power  to 
negative  State  laws  contrary  to  the  Constitution 
was  opposed  by  Mr.  Sherman  on  the  ground  that 
such  a  power  involves  a  wrong  principle  —  to  wit, 
that  a  law  of  a  State  contrary  to  the  Articles  of 
the  Union  would,  if  not  negatived,  be  valid  and 
operative. 

1  See  the  discussion  of  this  matter  in  the  correspondence  be- 
tween John  Adams  and  Roger  Sherman,  in  the  Appendix. 


160  THE  LIFE   OF  ROGER  SHERMAN. 

In  view  of  the  part  which  slavery  has  played 
in  our  national  history,  it  strikes  one  as  strange,  at 
first,  that  it  should  have  played  so  small  a  part  in 
the  Federal  Convention.  But  at  that  time  slavery 
was  not  confined  to  the  Southern  States,  and  anti- 
slavery  sentiments  were  not  confined  to  the  North- 
ern States.  Gouverneur  Morris  made  a  speech 
denouncing  slavery  which  would  have  done  credit 
to  Wendell  Phillips.  But  he  was  ably  supported 
by  Mason  and  Madison.  Georgia  and  South  Car- 
olina were  the  only  States  that  upheld  it.  Virginia 
and  Maryland  had  already  abolished  the  slave- 
trade.  It  was  natural,  therefore,  that  the  members 
of  the  convention  should  suppose  that  in  a  few 
years  slavery  would  come  to  an  end  in  most,  if  not 
all  the  States.  Mr.  Ellsworth  undoubtedly  ex- 
pressed the  general  belief  when  he  said,  "  Slavery, 
in  time,  will  not  be  a  speck  in  our  country." 

The  view  which  Mr.  Sherman  took  of  the  matter 
was  thus  expressed  by  him.  He  disapproved  of 
the  slave-trade;  yet,  as  the  States  were  now  pos- 
sessed of  the  right  to  import  slaves,  as  the  public 
good  did  not  require  it  to  be  taken  from  them,  and 
as  it  was  expedient  to  have  as  few  objections  as 
possible  to  the  proposed  scheme  of  government, 
he  thought  it  best  to  leave  the  matter  as  we  find  it. 
He  observed  that  the  abolition  of  slavery  seemed 
to  be  going  on  in  the  United  States,  and  that  the 
good  sense  of  the  several  States  would  probably 
by  degrees  complete  it.1 

One  of  the  most  surprising  things  in  these  de- 

1  For  further  illustration  of  Mr.  Sherman's  views  on  slavery, 
see  Index,  title  Slavery. 


THE   CONSTITUTIONAL   CONVENTION.        l6l 

bates  is  the  hostility  shown  by  some  of  the  mem- 
bers to  new  States,  and  the  absurd  attempt  to 
restrict  their  representation  in  the  national  legis- 
lature. Gouverneur  Morris  was  the  leader  in  this 
movement,  which  was  strongly  condemned  by 
Mason  and  Madison. 

This  hostility  found  its  formal  expression  in 
the  motion  made  by  Mr.  Gerry,  on  the  I4th  of 
July,  "  that,  in  order  to  secure  the  liberties  of  the 
States  already  confederated,  the  number  of  repre- 
sentatives in  the  first  branch  of  the  States  which 
shall  hereafter  be  established  shall  never  exceed 
in  number  the  representatives  from  such  of  the 
States  as  shall  accede  to  this  confederation." 

Mr.  Sherman  made  the  only  speech  in  opposi- 
tion to  this  motion.  He  thought  there  was  no 
probability  that  the  number  of  future  States  would 
exceed  that  of  the  existing  States.  "  If  the  event 
should  ever  happen,  it  is  too  remote  to  be  taken 
into  consideration  at  this  time.  Besides,  we  are 
providing  for  our  posterity,  for  our  children  and 
our  grandchildren,  who  would  be  as  likely  to  be 
citizens  of  new  Western  States  as  of  the  old  States. 
On  this  consideration  alone  we  ought  to  make 
no  such  discrimination  as  is  proposed  by  the 
motion." 

And  yet  four  States  —  Massachusetts,  Connecti- 
cut, Delaware,  and  Maryland  —  voted  in  favor  of 
Mr.  Gerry's  motion;  Pennsylvania  was  divided, 
and  only  five  States  voted  against  the  motion. 

In  expressing  the  opinion  that  there  was  no 
probability  that  the  number  of  future  States  would 
exceed  that  of  the  existing  States,  Mr.  Sherman 


1 62  THE  LIFE  OF  ROGER  SHERMAN. 

of  course  had  reference  to  the  limits  of  the  country 
as  then  existing. 

In  discussing  the  articles  prohibiting  the  States 
from  doing  certain  acts,  Mr.  Sherman,  in  connec- 
tion with  Mr.  Wilson,  moved  to  insert,  after  the 
words  "  coin  money,"  the  words,  "  nor  emit  bills  of 
credit,  nor  make  anything  but  gold  and  silver  coin 
a  tender  in  payment  of  debts ;  "  making  these  pro- 
hibitions absolute,  instead  of  making  the  measures 
allowable,  as  in  the  I3th  article,  with  the  consent 
of  the  legislature  of  the  United  States. 

Mr.  Gorham  thought  the  purpose  would  be  as 
well  secured  by  the  provision  of  article  13,  which 
makes  the  consent  of  the  general  legislature  neces- 
sary; and  that,  in  that  mode,  no  opposition  would 
be  excited ;  whereas,  an  absolute  prohibition  of 
paper  money  would  rouse  the  most  desperate  op- 
position from  its  partisans. 

Mr.  Sherman  thought  this  a  favorable  crisis  for 
crushing  paper  money.  If  the  consent  of  the  leg- 
islature could  authorize  emissions  of  it,  the  friends 
of  paper  money  would  make  every  exertion  to  get 
into  the  legislature  in  order  to  license  it. 

The  motion  prevailed  by  a  vote  of  eight  to  one. 

There  was  a  long  argument  as  to  whether  repre- 
sentation in  the  first  branch  should  be  according 
to  population,  or  wealth,  or  payment  of  taxes. 
Dr.  Johnson,  in  favoring  population,  proposed  to 
include  the  blacks  equally  with  the  whites.  He 
said  "  that  wealth  and  population  were  the  true, 
equitable  rules  of  representation ;  but  he  conceived 
that  these  two  principles  resolved  themselves  into 
one,  population  being  the  best  measure  of  wealth. 


THE  CONSTITUTIONAL    CONVENTION.        163 

He  concluded,  therefore,  that  the  number  of  people 
ought  to  be  established  as  the  rule,  and  that  all 
descriptions,  including  blacks  equally  with  the 
whites,  ought  to  fall  within  the  computation." 

The  strongest  speech  made  by  Mr.  Ellsworth  in 
the  convention  was  in  the  form  of  two  questions, 
addressed  to  Wilson  and  Madison  at  the  close  of 
two  able  speeches  by  those  gentlemen,  in  which 
the  Continental  Congress,  was  severely  criticised, 
and  the  plan  of  giving  the  States  an  equal  repre- 
sentation in  the  Senate  was  condemned  as  unjust 
and  unsafe. 

"  Mr.  Ellsworth  asked  two  questions.  One  of 
Mr.  Wilson,  whether  he  had  ever  seen  a  good 
measure  fail  in  Congress  for  want  of  a  majority  of 
States  in  favor.  He  had  himself  never  known  such 
an  instance.  The  other  of  Mr.  Madison,  whether 
a  negative  lodged  with  a  majority  of  States,  even 
the  smallest,  could  be  more  dangerous  than  the 
qualified  negative  proposed  to  be  lodged  in  a 
single  executive  magistrate,  who  must  be  taken 
from  some  one  State." 

It  is  a  singular  fact  that  those  delegates  who 
favored  the  strongest  form  of  a  national  govern- 
ment were  also  in  favor  of  electing  both  branches 
of  the  legislature  and  the  President,  either  directly 
or  indirectly,  by  the  people ;  while  their  opponents, 
who  thought  their  views  tended  to  monarchy  or 
aristocracy,  were  unwilling  to  give  this  power  to 
the  people,  as  incapable  of  exercising  it  aright. 

Another  noticeable  fact  is  that  some  of  the 
ablest  men  in  the  convention  proposed  some  of  the 
unwisest  measures.  Franklin  proposed  that  neither 


1 64  THE  LIFE    OF  ROGER  SHERMAN. 

the  Senators  nor  President  should  receive  any  sal- 
ary. Gouverneur  Morris,  as  we  have  seen,  favored 
an  unjust  discrimination  against  the  Western  States. 
Hamilton  proposed  that  the  President  and  Senators 
should  hold  their  office  during  good  behavior, 
though  he  afterwards  changed  his  views  on  that 
subject.  Madison  at  one  time  voted  in  favor  of  a 
presidency  during  good  behavior. 

Mr.  Sherman,  as  we  have  seen,  fell  into  errors, 
like  others ;  but,  in  the  end,  he  gave  in  his  adhe- 
sion to  those  measures  which  were  essential  to  the 
formation  of  a  strong  general  government.  He 
showed  the  highest  qualities  of  a  statesman,  in 
knowing  when  to  compromise,  and  when  to  be 
firm.  He  insisted  upon  an  equal  representation  of 
the  States  in  the  Senate ;  but  to  obtain  this  he  was 
ready  to  give  up  many  things  which  he  at  first  ad- 
vocated, such  as  a  single  legislative  House,  and  the 
election  of  Representatives  as  well  as  Senators  by 
the  State  legislatures.  While  inflexible  in  his  de- 
termination to  give  the  States  the  power  which  he 
deemed  essential  to  protect  them  from  the  gen- 
eral government,  he  was  equally  firm  in  his  refusal 
to  give  the  States  the  power  to  emit  bills  of  credit, 
which  he  deemed  injurious  to  the  general  welfare. 

On  the  i /th  of  September,  the  convention  closed 
its  labors,  after  a  session  of  nearly  four  months. 
The  Constitution  was  signed  by  all  the  members 
present,  except  Randolph,  Mason,  and  Gerry.  No 
member  was  perfectly  satisfied  with  it,  but  it  was  felt 
that,  under  the  circumstances,  it  was  the  best  that 
could  be  formed.  With  the  exception  of  those  who 
refused  to  sign,  all  went  home  with  the  purpose  of 


THE   CONSTITUTIONAL   CONVENTION.       165 

putting  forth  their  best  efforts  to  secure  its  adoption. 
As  the  years  have  gone  by,  the  strength  and  the 
excellence  of  the  Constitution  have  become  more 
and  more  apparent  until  at  last  we  have  come  to 
regard  it  with  something  of  the  sacred  veneration 
with  which  Burke  regarded  the  British  Constitu- 
tion. Of  the  members  who  signed  the  Constitu- 
tion, Mr.  Sherman  is  the  only  one  who  also  signed 
the  three  other  great  national  compacts,  namely : 
the  Articles  of  Confederation,  the  Declaration  of 
Independence,  and  the  Association  of  1774. 

In  the  Senate  of  the  United  States,  on  the  2Oth 
of  February,  1847,  John  C.  Calhoun  said  "  that  it 
was  owing  mainly  to  the  States  of  Connecticut  and 
New  Jersey  that  we  had  a  federal  instead  of  a  na- 
tional government;  the  best  government  instead 
of  the  most  intolerable  on  earth.  Who  are  the 
men  of  those  States  to  whom  we  are  indebted  for 
this  admirable  government?  I  will  name  them; 
their  names  ought  to  be  engraved  on  brass  and 
live  forever.  They  were  Chief  Justice  Ellsworth 
and  Roger  Sherman,  of  Connecticut,  and  Judge 
Patterson,  of  New  Jersey.  To  the  coolness  and 
sagacity  of  these  three  men,  aided  by  a  few  others 
not  so  prominent,  we  owe  the  present  Constitution." 

In  1 86 1,  the  followers  of  Calhoun  discovered,  to 
their  dismay,  that  they  had  to  deal,  not  with  a  fed- 
eral, but  with  a  national  government.  The  State 
of  Connecticut  may  justly  take  pride  in  the  fact, 
that  it  was  largely  owing  to  the  wise  and  concilia- 
tory spirit  of  Roger  Sherman  that  the  convention 
which  framed  our  National  Constitution  was  not 
held  in  vain. 


1 66  THE   LIFE   OF  ROGER  SHERMAN. 


CHAPTER   IX. 

THE   CONSTITUTION  ADOPTED. 

IT  is  remarkable  that  some  of  the  most  dis- 
tinguished leaders  of  the  revolution  were  either 
hostile  or  indifferent  to  the  adoption  of  the 
National  Constitution,  without  which  the  revolu- 
tion would  have  been  of  no  avail.  In  Virginia, 
Patrick  Henry  and  Richard  Henry  Lee  were 
among  the  strongest  opponents  of  the  Constitution, 
and  in  Massachusetts,  Samuel  Adams  did  not  give 
his  assent  to  it  till  the  last  moment. 

The  smallest  State  in  the  Union,  Delaware,  was 
the  first  to  ratify,  and  its  ratification  was  unani- 
mous. Pennsylvania,  one  of  the  largest  States, 
was  the  next  to  follow,  with  a  vote  of  two  to  one  in 
favor  of  ratification.  New  Jersey  and  Georgia 
speedily  followed,  each  with  a  unanimous  vote  for 
the  Constitution.  The  contest  was  close  in  Massa- 
chusetts, but  the  friends  of  the  Constitution  finally 
prevailed  by  a  majority  of  nineteen  in  a  convention 
of  three  hundred  and  fifty-five.  The  issue  was 
long  in  doubt  in  Virginia,  and  but  for  the  influence 
of  Washington  even  the  small  majority  of  ten  for 
ratification  could  hardly  have  been  obtained.  In 
the  New  York  Convention,  the  opponents  of  ratifi- 
cation were  at  first  in  a  majority  of  two  to  one ; 
and  nothing  apparently  but  the  genius  of  Hamilton 


THE   CONSTITUTION  ADOPTED.  l6/ 

could  have  obtained  from  that  convention  a 
majority  of  three  in  favor  of  the  Constitution. 

In  Connecticut,  the  opposition  to  the  Constitu- 
tion was  led  by  General  Wadsworth ;  but,  as  was 
stated  in  the  New  Haven  Gazette,  "  All  the  objec- 
tions to  the  Constitution  vanished  before  the  learn- 
ing and  eloquence  of  a  Johnson,  the  genuine  good 
sense  and  discernment  of  a  Sherman,  and  the 
Demosthenean  energy  of  an  Ellsworth."  The  vote 
for  ratification  was  one  hundred  and  twenty-eight 
to  forty.  Sketches  of  the  speeches  of  Johnson  and 
Ellsworth  were  published  in  the  papers,  but  none 
of  Sherman's  have  been  preserved. 

A  series  of  articles  on  the  Constitution  was 
published  by  Mr.  Sherman  in  the  papers,  which 
are  said  to  have  materially  influenced  the  public 
mind  in  favor  of  its  adoption.  Soon  after  the  con- 
vention had  concluded  its  labors,  Mr.  Sherman  ex- 
pressed his  opinion  of  the  Constitution  which  had 
been  agreed  upon,  in  a  letter  to  General  Floyd. 
"  Perhaps,"  he  remarks,  "  a  better  could  not  be 
made  upon  mere  speculation ;  it  was  consented  to 
by  all  the  States  present  in  convention,  which  is  a 
circumstance  in  its  favor,  so  far  as  any  respect  is 
due  to  them.  If,  upon  experience,  it  should  be 
found  deficient,  it  provides  an  easy  and  peaceable 
mode  of  making  amendments.  If  it  should  not  be 
adopted,  I  think  we  shall  be  in  deplorable  circum- 
stances. Our  credit  as  a  nation  is  sinking ;  the  re- 
sources of  the  country  could  not  be  drawn  out 
to  defend  against  a  foreign  invasion,  nor  the  forces 
of  the  Union,  to  prevent  a  civil  war.  But,  if  the 
Constitution  should  be  adopted,  and  the  several 


168  THE  LIFE   OF  ROGER  SHERMAN. 

States  choose  some  of  their  wisest  and  best  men, 
from  time  to  time,  to  administer  the  government,  I 
believe  it  will  not  want  any  amendment.  I  hope 
that  kind  Providence,  which  guarded  these  States 
through  a  dangerous  and  distressing  war  to  peace 
and  liberty,  will  still  watch  over  them  and  guide 
them  in  the  way  of  safety." 

In  the  absence  of  any  speeches  of  Mr.  Sherman, 
the  following  documents  doubtless  give  substan- 
tially the  arguments  that  he  made  use  of  in  the 
Connecticut  Convention.  The  first  is  the  letter  ad- 
dressed to  Governor  Huntington  by  Roger  Sherman 
and  Oliver  Ellsworth  as  delegates  to  the  Constitu- 
tional Convention.  It  was  not  signed  by  Dr. 
Johnson,  as  he  was  then  in  Congress,  in  New 
York. 

NEW  LONDON,  September  26,  1787. 

SlR,  —  We  have  the  honor  to  transmit  to  your 
excellency  a  printed  copy  of  the  Constitution 
formed  by  the  Federal  Convention,  to  be  laid  be- 
fore the  legislature  of  the  State. 

The  general  principles  which  governed  the  Con- 
vention in  their  deliberations  on  the  subject  are 
stated  in  their  address  to  Congress. 

We  think  it  may  be  of  use  to  make  some  further 
observations  on  particular  parts  of  the  Constitution. 

The  Congress  is  differently  organized ;  yet  the 
whole  number  of  members,  and  this  State's  pro- 
portion of  suffrage,  remain  the  same  as  before. 

The  equal  representation  of  the  States  in  the 
Senate,  and  the  voice  of  that  branch  in  the  appoint- 
ment to  office,  will  secure  the  rights  of  the  lesser, 
as  well  as  of  the  greater  States. 


THE   CONSTITUTION  ADOPTED,  169 

Some  additional  powers  are  vested  in  Congress, 
which  was  a  principal  object  that  the  States  had  in 
view  in  appointing  the  Convention.  Those  powers 
extend  only  to  matters  respecting  the  common 
interests  of  the  Union,  and  are  specially  defined, 
so  that  the  particular  States  retain  their  sover- 
eignty in  all  other  matters. 

The  objects  for  which  Congress  may  apply 
moneys  are  the  same  mentioned  in  the  eighth 
article  of  the  Confederation,  viz,  for  the  common 
defence  and  general  welfare,  and  for  payment  of 
the  debts  incurred  for  those  purposes.  It  is  prob- 
able that  the  principal  branch  of  revenue  will  be 
duties  on  imports.  What  may  be  necessary  to  be 
raised  by  direct  taxation  is  to  be  apportioned  on 
the  several  States,  according  to  the  number  of  their 
inhabitants ;  and  although  Congress  may  raise  the 
money  by  their  own  authority,  if  necessary,  yet 
that  authority  need  not  be  exercised,  if  each  State 
will  furnish  its  quota. 

The  restraint  on  the  legislatures  of  the  several 
States  respecting  emitting  bills  of  credit,  making 
any  thing  but  money  a  tender  in  payment  of  debts, 
or  impairing  the  obligation  of  contracts  by  ex  post 
facto  laws,  was  thought  necessary  as  a  security  to 
commerce,  in  which  the  interest  of  foreigners,  as 
well  as  of  the  citizens  of  different  States,  may  be 
affected. 

The  Convention  endeavored  to  provide  for  the 
energy  of  government  on  the  one  hand,  and  suit- 
able checks  on  the  other  hand,  to  secure  the  rights 
of  the  particular  States,  and  the  liberties  and  prop- 
erties of  the  citizens.  We  wish  it  may  meet  the 


I/O  THE  LIFE   OF  ROGER  SHERMAN. 

approbation  of  the  several  States,  and  be  a  means 
of  securing  their  rights,  and  lengthening  out  their 
tranquillity.  With  great  respect,  we  are,  sir,  your 
excellency's  obedient,  humble  servants, 

ROGER  SHERMAN. 

OLIVER  ELLSWORTH. 

His  Excellency,  GOVERNOR  HUNTINGTON. 

The  next  document,  found  among  Mr.  Sherman's 
manuscripts,  is  entitled,  "  Observations  on  the  new 
Federal  Constitution."  It  does  not  appear  whether 
this  paper  was  prepared  for  publication,  or  as  a 
memorandum  for  a  speech  before  the  Convention. 
The  substance  of  this  and  the  next  paper  were 
afterward  embodied  in  an  article  published  in  the 
New  Haven  Gazette. 

"  Observations  on  the  new  Federal  Constitution. 

"  A  conviction  that  the  present  Confederation  is 
deficient  to  give  respectability  and  security  to  the 
United  States  was  the  motive  with  the  several 
States  to  appoint  a  convention  to  make  amend- 
ments. 

"  It  was  deficient  in  the  organization  of  the 
government,  and  with  respect  to  the  powers  neces- 
sary for  the  common  defence  and  general  welfare 
of  the  Union. 

"  One  principal  defect  in  the  government  was 
the  want  of  a  Supreme  Executive  power.  Congress 
exercises  that  power  when  sitting,  and  a  committee 
of  the  States  in  the  recess  of  Congress,  which  has 
been  found  to  be  very  inadequate  for  the  purposes 
of  government.  The  frequent  changing  the  mem- 
bers of  that  body  and  their  being  vested  with  legis- 


THE   CONSTITUTION  ADOPTED.  IJl 

lative  as  well  as  executive  authority,  renders  their 
administration  slow,  unstable,  and  precarious. 

"  But  the  want  of  sufficient  power  was  still  a 
greater  evil  —  they  had  power  to  enter  into  en- 
gagements, but  no  power  to  fulfil  them,  and  there  is 
no  security  in  trusting  to  the  legislatures  of  the 
several  States  to  provide  for  the  exigencies  of  the 
Union  upon  requisition.  The  want  of  a  power 
to  regulate  commerce  with  foreign  nations  and 
among  the  several  States,  and  to  enforce  a  due 
observation  of  treaties,  has  been  very  detrimental 
to  the  interests  of  the  States  and  the  cause  of  lessen- 
ing their  national  credit.  These  defects  will  be  sup- 
plied by  the  new  Constitution  if  adopted.  There 
are  some  other  powers  vested  in  the  general 
government  which  relate  to  the  common  interests 
of  the  Union,  and  are  particularly  defined,  so  that 
each  State  retains  its  sovereignty  in  what  concerns 
its  own  internal  government,  and  a  right  to  exer- 
cise every  power  of  a  sovereign  State  not  delegated 
to  the  government  of  the  United  States.  And 
although  the  government  of  the  United  States  in 
matters  within  its  jurisdiction  is  paramount  to  the 
Constitutions  and  laws  of  the  particular  States,  yet 
all  acts  of  the  Congress  not  warranted  by  the  Con- 
stitution would  be  void,  nor  could  they  be  enforced 
contrary  to  the  sense  of  a  majority  of  the  States. 
When  the  general  government  acts  within  its 
proper  jurisdiction,  it  will  be  the  interest  of  the 
legislatures  of  the  several  States  to  support  it,  and 
they  will  be  a  check  sufficiently  powerful  to  pre- 
vent unconstitutional  incroachments  on  the  rights 
and  privileges  of  the  particular  States,  but  the 


THE  LIFE  OF  ROGER  SHERMAN. 

jurisdiction  of  each  will  be  so  easily  distinguished 
that  there  will  be  no  great  danger  of  interference. 

"  In  order  to  a  well  regulated  government  the 
legislature  should  be  properly  constituted,  and 
vested  with  plenary  powers  for  all  the  purposes 
for  which  it  is  instituted,  to  be  exercised  for  the 
public  good  as  occasion  may  require.  The  great- 
est possible  security  that  a  people  can  have  for 
the  enjoyment  of  their  civil  rights  and  liberties,  is 
that  no  laws  can  be  made  to  bind  them  or  taxes 
be  imposed  on  them  without  their  consent  by  rep- 
resentatives of  their  own  choosing  —  this  was  the 
great  point  contended  for  in  our  controversy  with 
Great  Britain,  and  this  will  be  fully  secured  to  us 
under  the  new  Constitution.  The  rights  of  the 
people  will  be  secured  by  a  representation  in  pro- 
portion to  their  numbers  in  one  branch  of  the 
Congress,  and  the  rights  of  the  several  States  by 
their  equal  representation  in  the  other  branch. 
This  will  be  a  much  greater  security  than  a  dec- 
laration of  rights  or  restraining  clauses  on  paper. 

"  A  farther  security  will  be  that  the  representa- 
tives, and  the  people  they  represent,  will  have  one 
common  interest,  and  will  participate  in  the  bene- 
fits and  burdens  of  the  public -measures. 

"  The  President  and  Vice  President  as  well  as 
the  members  of  Congress,  though  chosen  for  fixed 
periods,  will  be  re-eligible  as  often  as  the  electors 
shall  think  proper,  which  will  be  a  great  security 
for  their  fidelity  in  office,  and  will  give  much 
greater  stability  and  energy  to  government  than 
an  exclusion  by  rotation,  and  will  always  be  an 
operative  and  effectual  security  against  arbitrary 


THE   CONSTITUTION  ADOPTED.  173 

government,  either  monarchical  or  aristocratic. 
There  is  as  much  security  in  the  new  Constitution 
as  in  the  present  against  keeping  up  standing 
armies  in  time  of  peace ;  it  can't  be  done  without 
the  consent  of  Congress,  with  this  additional  se- 
curity that  it  will  require  the  concurrence  of  two 
branches,  and  that  no  law  appropriating  money 
for  that  purpose  can  be  in  force  for  more  than 
two  years. 

"  The  liberty  of  the  press  not  being  the  regula- 
tion of  Congress  will  be  in  no  danger.  There  are 
but  few  powers  vested  in  the  new  government  but 
what  the  present  Congress  have  power  to  do  or 
require  to  be  done.  The  new  powers  are  to  regu- 
late commerce,  provide  for  a  uniform  practice  with 
respect  to  naturalization,  bankruptcies,  and  form- 
ing and  training  the  militia,  and  for  the  punishment 
of  certain  crimes  against  the  United  States,  and 
for  promoting  the  progress  of  science  in  the  mode 
therein  pointed  out.  These  appear  to  be  neces- 
sary for  the  common  benefit  of  the  Union,  and 
can't  be  effectually  provided  for  by  the  particular 
States;  therefore  the  objection  that  the  conven- 
tion exceeded  the  authority  given  by  the  States  is 
groundless,  for,  though  they  have  formed  a  new 
instrument  including  the  former  and  additional 
powers,  yet  it  is  no  more  than  an  amendment  of 
the  present  Constitution  in  those  matters  wherein 
it  was  really  deficient. 

"The  objects  of  expenditure  are  the  same  as 
under  the  present  Constitution,  and  why  should 
this  system  be  more  expensive  than  the  present? 
The  number  of  the  members  of  Congress  is  the 


1/4  TffE  LIFE   OF  ROGER  SHERMAN. 

same  —  that  number  may  be  increased  with  the 
increase  of  the  people,  but  then  it  is  probable  that 
the  wealth  of  the  State  will  be  proportionably 
increased.  The  executive  is  vested  in  a  single 
person,  whose  support  will  not  probably  exceed 
the  present  allowance  to  the  President  of  Congress 
and  the  pay  of  a  committee  of  the  States.  The  sub- 
ordinate officers  need  not  be  more  numerous,  nor 
have  larger  salaries  than  at  present;  the  expense 
of  collecting  the  impost  will  be  transferred  from 
the  particular  States  to  the  United  States,  but  need 
not  be  greater  than  at  present. — The  principal 
sources  of  revenue  will  be  imposts  on  goods  im- 
ported, and  sale  of  the  western  lands,  which  prob- 
ably will  be  sufficient  to  pay  the  debts  and  expenses 
of  the  United  States  if  properly  managed,  so  long 
as  peace  continues ;  but  should  there  be  occasion 
to  resort  to  direct  taxation,  each  State's  quota  will 
be  ascertained  according  to  a  rule  which  has  been 
approved  by  eleven  of  the  States,  and  should  any 
State  neglect  to  furnish  its  quota,  Congress  may 
raise  it  by  a  tax  in  the  same  manner  as  the  State 
ought  to  have  done.  And  what  remedy  more 
easy  and  equitable  could  be  devised  to  obtain  the 
supplies  from  a  delinquent  State?  Some  have 
objected  that  the  representation  will  be  inadequate, 
but  the  States  have  never  thought  fit  to  keep  up 
the  full  representation  they  are  entitled  to  in  Con- 
gress ;  and  of  what  possible  advantage  can  it  be 
to  have  a  very  large  Assembly  to  transact  the  few 
general  matters  that  will  come  under  the  direction 
of  Congress,  sufficient  information  may  be  had 
from  the  legislatures  of  the  several  States  in  the 


THE   CONSTITUTION  ADOPTED.  1/5 

matters  that  the  members  of  Congress  are  not 
personally  acquainted  with.  The  regulating  the 
time,  place,  and  mode  of  elections  seems  to  be  as 
well  secured  as  possible.  The  legislature  of  each 
State  may  do  it,  and  if  they  neglect  to  do  it  prop- 
erly, it  may  be  done  by  Congress,  and  what  possi- 
ble motive  can  either  have  to  injure  the  people  in 
the  exercise  of  that  right?  The  qualifications  of 
the  electors  will  remain  as  fixed  by  the  constitu- 
tions or  laws  of  the  several  States. 

"  The  power  of  the  President  to  grant  pardons 
extends  only  to  offences  against  the  United  States, 
with  exception  of  impeachments,  which  is  a  suffi- 
cient security  for  seclusion  of  offenders  from  office ; 
therefore  no  great  mischief  can  be  apprehended 
from  that  quarter.  —  The  partial  negative  of  the 
President  on  the  acts  of  Congress  and  the  rescission 
in  consequence  thereof  may  be  very  useful  to  pre- 
vent laws  being  passed  without  mature  deliberation. 
—  The  Vice  President,  while  he  acts  as  President  of 
the  Senate,  will  have  nothing  to  do  in  the  execu- 
tive department,  his  being  elected  by  the  suffrage 
of  all  the  States  will  incline  him  to  regard  equally 
the  interests  of  all  —  and  when  the  members  of  the 
Senate  are  equally  divided  on  a  question,  who  so 
proper  to  give  a  casting  voice,  as  one  who  repre- 
sents all  the  States?" 

The  next  paper  is  a  letter,  dated  December  8, 
1787,  which  repeats,  with*  some  variations,  the 
arguments  set  forth  in  the  preceding  paper,  and 
contains,  in  addition,  the  following  statements.  To 
the  objection  that  there  was  no  Bill  of  Rights  in 
the  Constitution,  Mr.  Sherman  replies :  — 


176  THE  LIFE   OF  ROGER  SHERMAN. 

"  Declarations  of  rights  in  England  were  charters 
granted  by  Princes,  or  acts  of  Parliament  made  to 
limit  the  prerogatives  of  the  crown,  but  not  to 
abridge  the  powers  of  the  legislature.  —  These 
observations  duly  considered  will  obviate  most  of 
the  objections  that  have  been  made  against  the 
Constitution." 

In  reference  to  the  judicial  powers  conferred 
by  the  Constitution,  he  says:  —  "It  was  thought 
necessary  in  order  to  carry  into  effect  the  laws  of 
the  Union,  and  to  preserve  justice  and  harmony 
among  the  States,  to  extend  the  judicial  powers  of 
the  confederacy ;  they  cannot  be  extended  beyond 
the  enumerated  cases,  but  may  be  limited  by 
Congress,  and  doubtless  will  be  restricted  to  such 
cases  of  importance  and  magnitude  as  cannot 
safely  be  trusted  to  the  final  decision  of  the  courts 
of  the  particular  States ;  the  Supreme  Court  may 
have  a  circuit  through  all  the  States  to  make  the 
trials  as  convenient  and  as  little  expensive  to  the 
parties  as  may  be;  and  the  trial  by  jury  will 
doubtless  be  allowed  in  cases  proper  for  that  mode 
of  trial,  nor  will  the  people  in  general  be  at  all 
affected  by  the  judiciary  of  the  United  States  ;  per- 
haps not  one  to  a  hundred  of  the  citizens  will  ever 
have  a  cause  that  can  come  within  its  jurisdiction, 
for  all  causes  between  citizens  of  the  same  States, 
except  where  they  claim  lands  under  grants  of 
different  States,  must  be  finally  decided  by  the 
courts  of  the  State  to  which  they  belong." 

Some  of  the  States,  in  connection  with  their  act 
of  ratification,  passed  resolutions  recommending 
certain  amendments  to  the  Constitution.  To  these 


THE   CONSTITUTION  ADOPTED.  I'J'J 

Mr.  Sherman  was  strongly  opposed,  and  published 
the  following  article  on  the  subject :  — 

OBSERVATIONS. 

On  the  alterations  proposed  as  amendments  to 
the  new  Federal  Constitution. 

Six  of  the  States  have  adopted  the  new  Consti- 
tution without  proposing  any  alterations,  and  the 
most  of  those  proposed  by  the  conventions  of 
other  States  may  be  provided  for  by  Congress  in  a 
code  of  laws  without  altering  the  Constitution.  If 
Congress  may  be  safely  trusted  with  the  affairs  of 
the  Union,  and  have  sufficient  power  for  that  pur- 
pose, and. possess  no  powers  but  such  as  respect 
the  common  interest  of  the  States  (as  I  have  en- 
deavored to  show  in  a  former  piece),  then  all  the 
matters  that  can  be  regulated  by  law  may  be  safely 
left  to  their  direction,  and  those  will  include  all 
that  I  have  noticed,  except  the  following,  which  I 
think  on  due  consideration  will  appear  to  be  im- 
proper or  unnecessary. 

i.  It  is  proposed  that  the  consent  of  two-thirds 
or  three-fourths  of  the  members  present  in  each 
branch  of  the  Congress  shall  be  required  for  pass- 
ing certain  acts. 

On  which  I  would  observe,  that  this  would  give 
a  minority  in  Congress  power  to  control  the 
majority,  joined  with  the  concurrent  voice  of  the 
President,  for  if  the  President  differs,  no  act  can 
pass  without  the  consent  of  two-thirds  of  the  mem- 
bers in  each  branch  of  Congress ;  and  would  not 
that  be  contrary  to  the  general  principles  of  repub- 
lican government? 


1/8  THE  LIFE   OF  ROGER  SHERMAN. 

2.  That  impeachments  ought  not  to  be  tried  by 
the  Senate,  or  not  by  the  Senate  alone. 

But  what  good  reason  can  be  assigned  why  the 
Senate  is  not  the  most  proper  tribunal  for  that 
purpose?  —  The  members  are  to  be  chosen  by  the 
legislatures  of  the  several  States,  who  will  doubt- 
less appoint  persons  of  wisdom  and  probity,  and 
from  their  office  can  have  no  interested  motives  to 
partiality.  The  House  of  Peers  in  Great  Britain 
try  impeachments,  and  are  also  a  branch  of  the 
legislature. 

3.  It  is  said  that  the  President  ought  not  to  have 
power  to  grant  pardons  in  cases  of  high  treason, 
but  the  Congress. 

It  does  not  appear  that  any  great  mischief  can 
arise  from  the  exercise  of  this  power  by  the  Presi- 
dent (though  perhaps  it  might  as  well  have  been 
lodged  in  Congress).  The  President  cannot  par- 
don in  case  of  impeachment,  so  that  such  offenders 
may  be  excluded  from  office  notwithstanding  his 
pardon. 

4.  It  is  proposed  that  members  of  Congress  be 
rendered  ineligible  to  any  other  office  during  the 
time    for  which  they  are  elected  members  of  that 
body. 

This  is  an  objection  that  will  admit  of  something 
plausible  to  be  said  on  both  sides,  and  it  was  set- 
tled in  convention  on  full  discussion  and  delibera- 
tion, there  are  some  offices  which  a  member  of 
Congress  may  be  best  qualified  to  fill,  from  his 
knowledge  of  public  affairs  acquired  by  being  a 
member.  Such  as  minister  to  foreign  courts,  &c. 
and  on  accepting  any  other  office  his  seat  in  Con- 


THE   CONSTITUTION  ADOPTED.  179 

gress  will  be  vacated,  and  no  member  is  eligible  to 
any  office  that  shall  have  been  instituted  or  the 
emoluments  increased  while  he  was  a  member. 

5.  It  is   proposed  to  make   the    President   and 
Senators  ineligible  after  certain  periods. 

But  this  would  abridge  the  privilege  of  the 
people,  and  remove  one  great  motive  to  fidelity 
in  office,  and  render  persons  incapable  of  serving 
in  offices  on  account  of  their  experience,  which 
would  best  qualify  them  for  usefulness  in  office  — 
but  if  their  services  are  not  acceptable,  they  may  be 
left  out  at  any  new  election. 

6.  It   is   proposed   that   no    commercial    treaty 
should  be  made  without  the  consent  of  two-thirds 
of  the  Senators,  nor  any  cession  of  territory,  right 
of  navigation  or  fishery,  without  the   consent   of 
three-fourths    of   the    members    present    in    each 
branch  of  Congress. 

It  is  provided  by  the  Constitution  that  no 
commercial  treaty  shall  be  made  by  the  President 
without  the  consent  of  two-thirds  of  the  Senators 
present,  and  as  each  State  has  an  equal  representa- 
tion and  suffrage  in  the  Senate,  the  rights  of  the 
States  will  be  as  well  secured  under  the  new  Con- 
stitution as  under  the  old ;  and  it  is  not  probable 
that  they  would  ever  make  a  cession  of  territory 
or  any  important  national  right  without  the  con- 
sent of  Congress.  The  king  of  Great  Britain  has 
by  the  Constitution  a  power  to  make  treaties,  yet 
in  matters  of  great  importance  he  consults  the 
Parliament. 

7.  There  is  one    amendment   proposed    by  the 
convention  of  South  Carolina  respecting  religious 
tests,   by   inserting   the   word    other  between    the 


180  THE  LIFE   OF  ROGER  SHERMAN. 

words  no  and  religious  in  that  article,  which  is 
an  ingenious  thought,  and  had  that  word  been  in- 
serted, it  would  probably  have  prevented  any 
objection  on  that  head.  But  it  may  be  considered 
as  a  clerical  omission  and  be  inserted  without  call- 
ing a  convention ;  as  it  now  stands  the  effect  will 
be  the  same. 

On  the  whole  it  is  hoped  that  all  the  States  will 
consent  to  make  a  trial  of  the  Constitution  before 
they  attempt  to  alter  it ;  experience  will  best  show 
whether  it  is  deficient  or  not ;  on  trial  it  may  ap- 
pear that  the  alterations  that  have  been  proposed 
are  not  necessary,  or  that  others  not  yet  thought 
of  may  be  necessary ;  every  thing  that  tends  to  dis- 
union ought  to  be  avoided.  Instability  in  govern- 
ment and  laws  tends  to  weaken  a  State  and  render 
the  rights  of  the  people  precarious. 

If  another  convention  should  be  called  to  revise 
the  'Constitution,  'tis  not  likely  they  would  be  more 
unanimous  than  the  former ;  they  might  judge  dif- 
ferently in  some  things,  but  is  it  certain  that  they 
would  judge  better?  When  experience  has  con- 
vinced the  States  and  people  in  general  that  alter- 
ations are  necessary,  they  may  be  easily  made,  but 
attempting  it  at  present  may  be  detrimental,  if  not 
fatal,  to  the  union  of  the  States. 

The  judiciary  department  is  perhaps  the  most 
difficult  to  be  precisely  limited  by  the  Constitution, 
but  Congress  have  full  power  to  regulate  it  by  law, 
and  it  may  be  found  necessary  to  vary  the  regula- 
tions at  different  times  as  circumstances  may  differ. 

Congress  may  make  requisitions  for  supplies 
previous  to  direct  taxation,  if  it  should  be  thought 
expedient,  but  if  requisitions  be  made,  and  some 


THE   CONSTITUTION  ADOPTED.  l8l 

States  comply  and  others  not,  the  non-complying 
States  must  be  considered  and  treated  as  delin- 
quents, which  will  tend  to  excite  disaffection  and 
disunion  among  the  States,  besides  occasioning  de- 
lay ;  but  if  Congress  lay  the  taxes  in  the  first  in- 
stance, these  evils  will  be  prevented,  and  they  will 
doubtless  accommodate  the  taxes  to  the  customs 
and  convenience  of  the  several  States. 

Some  suppose  that  the  representation  will  be 
too  small,  but  I  think  it  is  in  the  power  of  Con- 
gress to  make  it  too  large,  but  I  believe  it  may  be 
safely  trusted  with  them.  Great  Britain  contains 
about  three  times  the  number  of  the  inhabitants  in 
the  United  States,  and  according  to  Burgh's  account 
in  his  political  disquisitions,  the  members  of  Parli- 
ament in  that  kingdom  do  not  exceed  one  hundred 
thirty-one  [from  the  counties?],  and  if  sixty-nine 
more  be  added  from  the  principal  cities  and  towns, 
the  number  would  be  two  hundred,  and  strike  off 
those  who  are  elected  by  the  small  boroughs,  which 
are  called  the  rotten  part  of  the  Constitution  by 
their  best  patriots  and  politicians,  that  nation 
would  be  more  equally  and  better  represented 
than  at  present,  and  if  that  would  be  a  sufficient 
number  for  their  national  legislature,  one-third  of 
that  number  will  be  more  than  sufficient  for  our 
federal  legislature,  who  will  have  a  few  general 
matters  to  transact.  But  these  and  other  objec- 
tions have  been  considered  in  a  former  paper, 
before  referred  to.  I  shall  therefore  conclude  this 
with  my  best  wishes  for  the  continuance  of  peace, 
liberty,  and  union  of  these  States. 

A  CITIZEN  OF  NEW  HAVEN. 


1 82  THE  LIFE   OF  ROGER  SHERMAN. 


CHAPTER  X. 

THE  SUPERIOR  COURT. 

AT  the  January  session,  1789,  of  the  Connecti- 
cut Assembly,  Roger  Sherman  was  chosen  a  Rep- 
resentative in  Congress.  As  this  office  and  that 
of  Judge  of  the  Superior  Court  of  the  State  were 
made  incompatible  by  the  laws  of  the  State,  Mr. 
Sherman  resigned  the  latter  office,  which  he  had 
held,  by  annual  election,  for  twenty-three  years. 
That  he  should  have  been  continued  in  this  high 
office  for  so  long  a  period,  during  a  portion  of 
which  he  had  as  associates  such  men  as  William 
Samuel  Johnson  and  Oliver  Ellsworth,  the  ablest 
men  at  the  bar,  shows  the  high  esteem  in  which  he 
must  have  been  held  by  the  legal  profession,  as 
well  as  by  the  community  at  large. 

In  the  biography  of  Roger  Sherman  in  Sander- 
son's "  Lives,"  it  is  said  of  his  services  as  a  judge : 
"  It  is  uniformly  acknowledged  by  those  who  have 
witnessed  his  conduct  and  abilities  on  the  bench, 
that  he  discovered,  in  the  application  of  the  princi- 
ples of  law  and  the  rules  of  evidence  to  the  cases 
before  him,  the  same  sagacity  that  distinguished 
him  as  a  legislator.  His  legal  opinions  were  re- 
ceived with  great  deference  by  the  profession, 
and  their  correctness  was  almost  universally 
acknowledged." 


THE  SUPERIOR   COURT.  183 

In  another  passage  in  the  same  biography, 
Mr.  Sherman's  judicial  qualifications  are  thus 
described :  — 

"The  genius  and  talents  of  Mr.  Sherman  were 
particularly  calculated  for  eminent  usefulness  in  the 
judiciary  department.  Cool,  attentive,  deliberate, 
and  impartial,  skilled  in  all  forms  and  principles  of 
law,  he  was  not  liable  to  be  misled  by  arts  of 
sophistry,  or  the  warmth  of  declamation.  He 
formed  his  opinions  on  a  careful  examination  of 
every  subject,  and  delivered  them  with  dignity  and 
perspicuity.  His  decisions  were  too  firmly  founded 
on  correct  and  admitted  principles  to  be  readily 
shaken,  and  he  necessarily  enjoyed,  in  his  im- 
portant judicial  station,  a  confidence  and  esteem 
highly  honorable  to  himself,  as  well  as  to  the  pro- 
fessional gentlemen  by  whom  those  sentiments 
were  entertained. 

"  But,  although  the  testimonies  of  individuals, 
whose  profession  and  opportunities  enabled  them 
to  decide,  with  peculiar  exactness,  upon  the 
judicial  character  of  Mr.  Sherman,  are  almost 
affirmatively  unanimous,  yet  that  unanimity  was 
not  confined  to  the  limits  of  the  forum.  The 
public  at  large,  and  especially  that  portion  of 
it  which,  during  the  long  period  that  he  held  his 
official  station,  had  been  interested  in  the  proceed- 
ings of  the  court,  entertained  the  same  sentiments 
in  relation  to  his  abilities,  his  purity,  and  his 
integrity." 

Very  few  of  the  opinions  of  the  Superior  Court 
of  that  early  day  have  been  preserved.  But  from 
the  records  of  that  court  we  select  a  few  opinions 


1 84     THE  LIFE  OF  ROGER  SHERMAN. 

which,  being  in  Mr.  Sherman's  handwriting,  were 
evidently  prepared  by  him. 

N.  London  County  >  Mumford  vs.  Avery 
Sept.  Term  1786      )  Action  of  Account. 

The  defendant's  motion  in  arrest  is  judged 
insufficient. 

The  only  exception  to  the  declaration  is  that 
Action  of  Account  will  not  lie,  in  this  case,  because 
a  certain  sum  of  money,  and  certain  bills  of  ex- 
change are  alleged  to  have  been  received  to  be  de- 
livered over  to  the  plaintiff,  for  which  Action  of 
Assumpsit  would  be  the  proper  remedy,  and  not 
Action  of  Account. 

But  it  is  the  opinion  of  the  court  that  Action  of 
Account  will  lie  in  any  case  where  a  person  has 
received  monies  to  the  use  of  another,  especially  if 
it  be  received  of  a  third  person  to  be  delivered 
over  to  the  plaintiff,  and  although  Action  of 
Assumpsit  might  be  brought  for  the  same,  yet  an 
Action  of  Account  is  most  favorable  for  the 
defendant. 

Hartford  County    ->  _, 

March  Term  1788  C  The  de£t  s  ?lea  m  bar 

Coomes  vs.  Prior  )      ™™fcc\ent. 

In  a  former  action  between  the  same  parties 
wherein  the  present  plaintiff  was  defendant,  a  ver- 
dict was  found  and  a  judgment  rendered  against 
him  on  his  plea  of  title  to  the  land  now  demanded, 
but  that  was  only  an  action  of  trespass  for  the  re- 
covery of  damages.  This  being  an  action  for  the 
recovery  of  the  land  is  of  a  higher  nature,  therefore 


THE  SUPERIOR   COURT.  1 8$ 

a  recovery  in  that  ought  not  to  be  a  bar  to  this, 
for  the  party  may  be  able  to  produce  further  evi- 
dence in  support  of  his  title  than  was  produced  on 
the  former  trial,  and  this  is  admissible  by  the  uni- 
form practice  of  the  courts  of  law  in  this  State,  as 
well  as  in  England  in  favor  of  Estates  of  inheri- 
tance. See  4  Bacon's  Abridgment,  119.  There- 
fore we  are  of  opinion  that  the  defendant's  plea  is 
insufficient. 


Middlesex  County 
July  Term 
Marshall  v.  Miller 
and  Henshaw. 


The  Plaintiff's  Replication  adjudged 
sufficient. 


In  this  case  the  defendants  jointly  promised  to 
pay  a  sum  of  money  to  the  plaintiff  by  a  note  in 
writing  under  their  hands,  but  Henshaw,  one  of 
the  defendants,  being  insolvent,  was  by  an  act  of 
the  legislature  discharged  from  all  his  debts  on  his 
delivering  up  all  his  estate  for  the  benefit  of  his 
creditors,  which  he  had  complied  with,  and  now 
the  question  is  whether  this  note  is  thereby  dis- 
charged, on  which  judgment  is  rendered  against 
Miller,  the  other  defendant  for  the  whole  debt.  If 
one  joint  obligor  is  discharged  by  an  act  of  the 
obligee,  it  is  presumed  that  he  hath  received  satis- 
faction, and  therefore  is  a  discharge  of  the  obliga- 
tion, but  if  one  of  the  joint  obligors  dies  or  is 
discharged  by  an  act  of  the  legislature  which  does 
not  extend  to  the  other,  no  such  presumption 
ariseth  and  therefore  the  other  is  liable  alone  to 
pay  the  debt.  See  the  rules  and  principles  of  law 
on  this  point  considered  and  stated  more  fully  in  a 


1 86  THE  LIFE   OF  ROGER  SHERMAN. 

late  case  determined  in  this  county  between  Mor- 
timer and  Caldwell. 

Fairfield  County  -j  _ 

.        _,  oo  f  Plaintiff  s  Replication  m- 

Aug.  Term  1 788  V 

T,.     ,  „  .    ,  ., ,   \      sufficient. 

Blackman  v.  Fairchild.  ) 

The  action  is  on  a  promissory  note ;  —  which  the 
defendant  pleads  was  an  arbitration  note,  and  that 
the  instructions  to  the  arbitrators  were  a  written 
award,  which  they  have  not  made.  The  plaintiff 
replies  that  their  instructions  were  a  verbal  award 
and  to  indorse  down  the  note  to  the  sum  they 
should  find  due,  both  of  which  he  states  their  per- 
formance of;  and  traverses  "  that  their  instructions 
were  to  make  a  written  award,  otherwise  than  by 
indorsing  down  said  note,"  which  is  not  a  direct 
traverse,  but  argumentative  only,  and  therefore  ill. 
No  issue  could  be  joined  upon  it  without  the  de- 
fendant's affirming  over  differently  from  what  he 
had  pled  in  bar,  which  he  was  not  bound  to  do. 
The  defendant's  averment  that  the  instructions 
were  a  written  award,  was  a  material  one,  and  it 
behoved  the  plaintiff  to  submit  as  a  question  of 
law  to  the  court,  whether  the  doings  of  the  arbitra- 
tors amounted  to  a  written  award,  or  of  fact  to  the 
jury,  whether  such  were  their  instructions,  but  he 
has  done  neither. 

For  which  reasons  we  think  his  replication  in- 
sufficient. 

(The  following  dissenting  opinion  is  in  the  hand- 
writing of  Roger  Sherman,  except  the  end  of  it, 
which  is  in  that  of  Judge  Law.) 


THE  SUPERIOR  COURT.  l8/ 

Fairfield  County  \  Judgment  for  the  Defendant 

August  Term  1788         >     that  the  Plaintiff's  reply 
Blackman  v.  Fairchild.  '      is  insufficient. 

We  dissent  from  the  judgment  because  it  is  ad- 
mitted that  the  plaintiff  in  his  replication  hath  set 
forth  a  good  and  legal  parol  submission  and  award, 
and  he  hath  traversed  the  only  material  fact  alleged 
in  the  defendant's  plea  in  bar  viz.,  that  the  arbitra- 
tors were  instructed  to  make  and  publish  their 
award  /;/  writing,  with  the  addition  of  these  words 
in  a  parenthesis;  viz,  ("otherwise  than  by  en- 
dorsing down  said  note")  which  is  the  only  excep- 
tion taken  to  the  reply  which  words  we  are  of 
opinion  are  merely  surplusage,  and  no  way  re- 
pugnant to  the  other  matters  contained  in  the 
plaintiff's  replication  and  therefore  do  not  vitiate 
it.  But  the  defendant  ought  to  have  joined  the 
traverse  by  reaffirming  the  said  fact  as  alleged  in 
his  plea  in  bar,  which  would  have  laid  a  sufficient 
foundation  for  a  fair  trial  and  legal  judgment  in 
the  case.  And  the  law  delights  in  establishing 
pleadings  as  well  as  awards  when  it  can  be  done 
consistent  with  substantial  justice,  any  circumstan- 
tial defects  or  informalities  notwithstanding.' 

(The  opinion  so  far  is  in  the  handwriting  of 
Roger  Sherman ;  the  rest  of  it  is  in  that  of  Judge 
Law,  as  follows :)  The  plaintiff  by  setting  forth  in 
his  replication,  —  in  what  manner  the  award  was 
to  be  made,  thereby  strips  the  pleading  of  an 
and  that  might  otherwise  have  been  made 

had  he  directly  joined  issue  upon  the  traverse 
tendered — viz,  whether  the  instructions  were  to 
make  a  written  award,  —  this  question  of  law  upon 


1 88  THE  LIFE   OF  ROGER  SHERMAN. 

such  instructions  might  then  arise  before  the  jury, 
whether  such  an  award  was  a  written  one  or  parol, 
as  it  partly  of  both,  being  a  mode  peculiar 

to  our  practice  and  unknown  in  the  British  Rules 
—  whereas  the  plaintiff  has  now  fairly  disclosed 
that  question  to  the  court  unless  the  defendant 
will  give  it  up. 

Windham  County      .  Thfi  plaintifps       j 
Jan.  adj.  Term  1789^      Suffident. 
Hamlin  v.  Fitch.       J 

For  the  reasons  rendered  in  the  same  case  on  a 
motion  in  arrest  of  judgment.  The  contract  which 
is  alleged  in  the  defendant's  plea  to  be  usurious  was 
not  a  loan  of  money,  goods,  wares  or  commodities 
within  the  description  of  the  Statute  against  usury 
but  was  a  bargain  respecting  certain  final  settle- 
ment certificates  of  uncertain  value,  there  being 
no  time  fixed  or  funds  provided  for  their  payment, 
and  their  current  value  was  fluctuating,  and  did  in 
fact  depreciate  between  the  time  of  the  defendant's 
receiving  the  certificates,  and  the  time  fixed  for 
the  payment  of  them  the  value  of  the  one  thousand 
hard  dollars  secured  by  the  other  note — They 
were  issued  by  government  as  securities  for  the 
nominal  amount  in  hard  money,  and  if  the  plaintiff 
had  sold  them  to  the  defendant  and  taken  his 
security  for  the  payment  of  the  nominal  sum  in 
hard  money  it  would  have  been  a  much  more  une- 
qual bargain  than  that  now  in  question,  but  no 
one  would  contend  that  it  would  have  been  a  usu- 
rious contract,  and  although  the  note  is  to  repay 
the  same  certificates  or  others  of  like  tenor  date 


THE  SUPERIOR  COURT.  189 

and  value  with  lawful  interest.  Yet  the  value  of 
both  principal  and  interest  were  in  hazard  of  de- 
preciation, and  the  law  regards  the  substance  more 
than  the  form  of  a  contract.  The  Statute  of  this 
State  prohibits  the  taking  more  than  the  value  of 
six  pounds  for  the  forbearance  of  one  hundred 
pounds  for  a  year,  but  it  does  not  prohibit  the 
taking  more  in  quantity  of  any  commodity  of  un- 
certain value,  than  at  the  rate  of  six  per  cent 
per  annum.  For  instance,  if  a  man  lends  twenty 
bushels  of  corn  before  harvest  when  the  market 
price  is  four  shillings  per  bushel,  and  receives 
forty  bushels  in  payment  after  harvest  when  corn 
is  but  two  shillings  per  bushel,  he  receives  no  more 
than  the  value  of  the  principal  lent,  although  he 
receives  double  the  quantity. 

The  following  principles  are  advanced  by  the 
Judges  as  law  in  the  case  of  Murray  against  Hard- 
ing, 2  Blackstone's  Reports  page  863.  Degrey, 
Chief  Justice.  "  It  is  essential  to  a  loan  that  the 
thing  borrowed  is  at  all  events  to  be  restored.  If 
that  be  bona  fide  put  in  hazard,  it  is  no  loan,  but 
a  contract  of  another  kind."  865  —  Blackstone, 
Justice,  "  I  do  not  know  an  instance,  where  the 
principal  is  bona  fide  hazarded,  that  the  contract 
has  been  held  to  be  usurious."  "  If  the  price  be 
inadequate  to  the  hazard,  it  may  be  an  imposition, 
and  under  some  circumstances  relievable  in  equity ; 
but  it  cannot  be  legal  usury."  The  other  Judges 
concurred.  We  are  therefore  of  opinion  that  judg- 
ment be  given  for  the  plaintiff. 

LAW. 

SHERMAN. 


190  THE  LIFE   OF  ROGER  SHERMAN. 

Judge  Ellsworth  concurred  in  opinion,  but  was 
absent  when  these  reasons  were  assigned. 

December  2,  1772,  Mr.  Sherman  wrote  to  Thomas 
Gushing,  of  Boston,  the  following  letter,  in  refer- 
ence to  equity  proceedings  in  Massachusetts  and 
Connecticut:  — 

SIR,  —  I  should  be  glad  to  be  informed  how  mat- 
ters of  equity  are  determined  in  your  Province, 
also  your  method  of  proceeding  on  petitions  be- 
fore the  General  Assembly,  whether  the  parties  are 
ever  admitted  to  be  heard  viva  voce  before  the 
whole  Assembly  or  before  either  House.  In  this 
Colony  matters  of  equity  are  determined  by  the 
Assembly,  and  the  parties  are  admitted  to  be  heard 
at  large  before  both  Houses  as  in  trials  before  the 
Executive  Courts,  but  as  business  of  that  kind 
increases  it  is  become  very  burthensome  and  ex- 
pensive for  the  whole  Assembly  to  sit  to  hear  them, 
and  we  have  had  some  thoughts  of  erecting  a  Court 
of  Chancery  —  but  'tis  feared  by  many  that  that 
will  be  attended  with  inconveniences,  and  as  your 
Province  is  much  larger  than  this  Colony  and  you 
have  hitherto  done  without  a  Court  of  Chancery,  a 
few  lines  from  you  on  your  method  of  proceeding 
in  those  affairs  will  much  oblige  your  humble 

servant, 

ROGER  SHERMAN. 

The  Revised  Laws  of  Connecticut,  prepared  by 
Mr.  Sherman  and  Mr.  Law  in  1784,  constituted  the 
Superior  Court  a  Court  of  Equity. 


SERVICES  IN  CONGRESS.  191 

CHAPTER   XL 

SERVICES  IN  CONGRESS.  —  FIRST  SESSION,  1789. 
PART  I.  —  IMPOST  LAW,  &c. 

ON  being  notified  of  his  election  as  a  representa- 
tive in  Congress,  Mr.  Sherman  addressed  the  fol- 
lowing letter  to  Governor  Huntington. 

NEW  HAVEN,  Jan.  7th,  1789. 

SIR,  —  I  have  a  grateful  sense  of  the  honor  done 
me  by  the  freemen  of  this  State  in  electing  me  one 
of  their  representatives  in  the  Congress  of  the 
United  States.  This  fresh  instance  of  their  confi- 
dence lays  me  under  an  additional  obligation  to 
devote  my  time  to  their  service.  The  trust  I  es- 
teem very  weighty  and  important  in  the  present 
situation  of  public  affairs.  I  could  therefore  have 
wished  that  their  choice  had  been  fixed  on  some 
other  person  in  my  stead,  better  able  to  sustain  the 
weight  and  perform  the  services  of  that  office,  es- 
pecially as  I  hold  another  in  the  State  which  as  the 
law  now  stands  is  incompatible  with  holding  this 
at  the  same  time.  I  wish  to  employ  my  time  in 
such  service  as  may  be  most  beneficial  and  accept- 
able to  my  country.  Much  of  my  time  since  the 
commencement  of  the  late  war  has  been  employed 
at  a  distance  from  home,  and  as  I  have  a  numerous 
family  to  provide  for,  it  would  be  most  agreeable 
to  me  to  be  in  a  situation  wherein  I  might  pay 
some  attention  to  their  affairs.  But  if  the  honor- 


192  THE  LIFE   OF  ROGER  SHERMAN. 

able  the  Legislature  shall  think  fit  to  provide  that 
my  acceptance  of  this  office  shall  not  vacate  my 
office  in  the  Superior  Court  until  their  further 
pleasure  shall  be  made  known,  I  will  accept  the 
trust  to  which  I  have  been  elected  by  the  freemen, 
(I  do  not  wish  to  hold  any  office  otherwise  than 
subject  to  their  pleasure)  but  if  in  their  wisdom 
they  shall  not  think  fit  to  make  such  provision,  I 
shall  desire  a  little  further  time  to  consider  and  ad- 
vise on  the  matter.  I  have  the  honor  to  be  with 
great  respect  your  excellency's  most  obedient 
humble  servant, 

ROGER  SHERMAN. 

His  Excellency,  GOVERNOR  HUNTINGTON. 

Although  the  legislature  of  Connecticut  did  not 
make  the  provision  proposed  by  Mr.  Sherman  in 
the  above  letter,  he  decided  to  accept  the  position 
of  Representative  in  Congress,  and  resigned  his 
position  on  the  bench  of  the  Superior  Court. 
March  5,  1789,  Mr.  Sherman  took  his  seat  in  the 
House  of  Representatives.  A  quorum  was  not 
present  till  April  I,  when  a  speaker  was  elected. 
April  6,  the  form  of  oath  to  be  taken  by  the 
Representatives,  as  provided  by  the  Constitution, 
was  agreed  upon ;  and  on  the  same  day  the  pre- 
sence of  a  quorum  in  the  Senate  was  notified  to  the 
House,  and  the  House  was  informed  of  the  readi- 
ness of  the  Senate  to  count  the  votes  for  President 
and  Vice-President.  April  7,  it  was  ordered  that 
the  Chief  Justice  of  the  State  of  New  York  be 
requested  to  attend  the  House  on  the  next  day, 
for  the  purpose  of  administering  the  oath  to  the 


SERVICES  IN  CONGRESS.  1 93 

members,  as  provided  by  the  Constitution.  On 
April  8,  the  oath  was  administered  to  the  mem- 
bers present. 

As  soon  as  the  oath  was  administered  to  the 
members,  the  House  resolved  itself  into  a  Com- 
mittee of  the  Whole  on  the  state  of  the  Union,  and 
began  the  consideration  of  certain  provisions  re- 
lating to  import  duties  and  tonnage,  introduced  by 
Mr.  Madison.  As  the  treasury  was  nearly  empty, 
and  as  it  was  agreed  on  all  hands  that  the  revenue 
should  be  raised  by  impost  duties,  and  not  by 
direct  taxation,  this  first  tariff  bill  passed  with 
comparatively  little  discussion.  No  question  was 
raised  as  to  the  propriety,  or  the  constitutionality, 
of  so  arranging  the  duties  as  to  protect  home 
manufactures.  The  principal  points  discussed 
were  as  to  the  effect  of  certain  duties  on  different 
parts  of  the  country. 

April  n,  this  subject  being  under  consideration, 
Mr.  Sherman  gave  it  as  his  opinion  that  in  fix- 
ing the  duties  on  particular  articles,  if  they  could 
not  ascertain  the  exact  quantum,  it  would  be  better 
to  run  the  risk  of  erring  in  setting  low  duties  than 
high  ones,  because  it  was  less  injurious  to  com- 
merce to  raise  them  than  to  lower  them ;  but 
nevertheless  he  was  for  laying  on  duties  which 
some  gentlemen  might  think  high,  as  he  thought 
it  better  to  derive  revenue  from  impost  than  from 
direct  taxation,  or  any  other  method  in  their 
power.  He  moved  that  the  article  of  rum  should 
be  charged  with  fifteen  cents  per  gallon. 

The  duty  on  nails,  spikes,  tacks,  and  rods  be- 
ing objected  to,  Mr.  Sherman  said :  "  The  gentle- 


194  THE  LIFE   OF  ROGER  SHERMAN. 

men  object  to  these  articles  because  they  are 
necessary  and  cannot  be  furnished  in  quantities 
equal  to  the  demand ;  but  I  am  of  opinion,  if  they 
cannot  now  be  had  in  such  plenty  as  is  wished  for, 
they  may  be  in  a  very  short  time.  Every  State 
can  manufacture  them,  although  they  cannot  make 
nail  rods.  Connecticut  has  excellent  iron  ore  of 
which  bars  are  made ;  but  she  gets  nail  rods  from 
this  city ;  others  can  do  the  like ;  and  until  every 
State  can  supply  themselves  by  their  own  industry, 
for  which  purpose  they  have  everything  at  their 
hands,  it  may  not  be  amiss  for  the  government  to 
get  some  revenue  from  the  consumption  of  foreign 
nails." 

It  was  proposed  to  make  discriminating  duties 
on  spirits,  in  favor  of  nations  in  alliance  with  us. 
Mr.  Sherman  said :  "  I  would  rather  make  a  dis- 
crimination on  any  other  article  than  ardent  spirits, 
the  importation  of  which  does  not  deserve  en- 
couragement from  any  part  of  the  world."  Later 
he  said :  "  Molasses  is  an  article  principally  im- 
ported from  the  colonies  of  nations  in  alliance;  a 
discrimination  therefore  in  favor  of  such  molasses 
would  be  a  substantial  benefit,  and  he  recom- 
mended it  in  lieu  of  that  on  brandy." 

It  was  claimed  by  some  that  the  duties  were  too 
high.  To  which  Mr.  Sherman  replied :  — 

"  If  gentlemen  prevail  in  getting  the  duties  low- 
ered to  what  the  late  Congress  proposed,  they  will 
find  themselves  obliged  to  have  recourse  to  direct 
taxation  for  a  million  and  a  half  or  two  millions  of 
dollars.  It  then  only  remains  for  us  to  consider, 
whether  it  will  be  more  agreeable  to  the  people  to  re- 


SERVICES  TN    CONGRESS.  195 

duce  the  impost  in  this  manner,  and  raise  the  defi- 
ciency by  direct  taxes.  If  these  duties  are  to  be 
considered  as  a  tax  on  the  trading  part  of  the  com- 
munity alone,  they  are  improper ;  but  this  I  believe  is 
not  the  case ;  the  consumer  pays  them  eventually, 
and  they  pay  no  more  than  they  choose,  because 
they  have  it  in  their  power  to  determine  the  quan- 
tity of  taxable  articles  they  will  use.  A  tax  left  to 
be  paid  at  discretion  must  be  more  agreeable  than 
any  other.  The  merchant  considers  that  part  of 
his  capital  applied  to  the  payment  of  the  duties 
the  same  as  if  employed  in  trade,  and  gets  the 
same  profit  upon  it  as  on  the  original  cost  of  the 
commodity. 

"  As  to  the  tax  on  distilled  spirits,  it  will  be  felt 
as  little  as  any  other  whatever;  and  from  this 
source  we  are  to  expect  a  very  considerable  pro- 
portion of  the  revenue.  .  .  .  The  duty  on  it  cannot 
be  said  to  be  unequal,  as  it  has  been  contended  on 
other  articles :  it  is  pretty  generally  consumed 
throughout  the  United  States.  The  State  I  belong 
to  is  at  a  considerable  distance  from  the  West 
Indies,  yet  she  consumes  no  inconsiderable  quan- 
tity, much  more  than  I  wish  she  did.  The  gentle- 
man from  South  Carolina  seems  to  suppose  that 
the  duty  will  bear  harder  upon  his  State  than  upon 
others.  I  cannot  think  it  will  be  the  case ;  but  if 
they  consume  more,  they  should  agree  to  a  high 
duty,  in  order  to  lessen  the  consumption. 

"  One  gentleman  had  observed  that  there  is  not 
money  enough  to  pay  all  the  duties  imposed  in 
this  bill ;  but  is  it  not  as  easy  to  introduce  money 
as  merchandise?  When  there  is  a  demand  for  it, 


196     THE  LIFE  OF  ROGER  SHERMAN. 

the  merchants  will  bring  it  in,  for  they  can  as  well 
bring  less  of  a  commodity  and  more  money;  so 
that,  if  this  should  take  place,  the  objection  will 
be  done  away.  It  is  in  this  way  that  we  must  be 
supplied  with  cash,  because  we  have  neither  gold 
nor  silver  mines  to  draw  from;  if  we  get  it,  it  must 
be  imported,  and  will  be  imported,  if  it  is  more 
advantageous  than  the  importation  of  other  articles. 

"  I  think  we  ought  to  rely  a  great  deal  on  the 
virtue  of  our  constituents ;  they  will  be  convinced 
of  the  necessity  of  a  due  collection  of  the  revenue ; 
they  will  know  that  it  must  be  done  in  this  way,  or 
it  will  be  by  direct  taxation.  I  believe  the  people 
will  prefer  this  mode  of  raising  revenue,  and  will 
give  all  the  assistance  in  the  execution  of  the  law 
that  is  in  their  power ;  and  as  the  mercantile  part 
of  the  people  will  see  that  it  is  equally  laid, 
though  it  be  something  higher  than  the  States 
have  hitherto  required,  they  will  submit  them- 
selves to  our  ordinance,  and  use  their  influence 
to  aid  the  collection." 

It  having  been  asserted  that  the  people  would 
be  unable  to  pay  so  high  duties  as  then  proposed, 
Mr.  Sherman  said  :  — 

"  I  believe  the  people  are  able  to  pay  as  much 
as  the  necessities  of  the  government  require ;  if 
they  are  not,  we  shall  never  restore  the  public 
credit,  which  is  one  of  the  chief  ends  of  our  appoint- 
ment. I  believe  they  are  not  only  able  but  willing 
to  contribute  sufficient  for  this  purpose.  The  re- 
sources of  this  country  are  very  great  if  they  are 
properly  called  into  action ;  and  although  they  may 
not  be  so  great  as  those  of  Britain,  yet  it  should 


SERVICES  IN  CONGRESS.  197 

be  remembered  that  that  nation  has  occasion  for 
twelve  times  as  much  revenue  as  the  United  States. 

"  Gentlemen  have  had  recourse  to  popular  opin- 
ion in  support  of  their  argument.  Popular  opinion 
is  founded  in  justice,  and  the  only  way  to  know  if 
the  popular  opinion  is  in  favor  of  a  measure  is  to 
examine  whether  the  measure  is  just  and  right 
in  itself.  I  think  whatever  is  proper  and  right, 
the  people  will  judge  of  and  comply  with.  The 
people  wish  that  the  government  may  derive  re- 
spect from  the  justice  of  its  measures ;  they  have 
given  it  their  support  on  this  account.  I  believe 
the  popular  opinion  is  in  favor  of  raising  a  rev- 
enue to  pay  our  debts,  and  if  we  do  right,  they 
will  not  neglect  their  duty;  therefore  the  argu- 
ments that  are  urged  in  favor  of  a  low  duty  will 
prove  that  the  people  are  contented  with  what 
the  bill  proposes.  The  people  at  this  time  pay  a 
higher  duty  on  imported  rum  than  what  is  pro- 
posed in  this  system,  even  in  Massachusetts ;  it  is 
true  it  is  partly  laid  by  way  of  excise,  but  I  can 
see  no  reason  against  doing  it  in  this  way  as  well 
as  the  other.  .  .  .  When  gentlemen  have  recourse 
to  public  opinion  to  support  their  arguments,  they 
generally  find  means  to  accommodate  it  to  their 
own ;  the  reason  why  I  think  public  opinion  is  in 
favor  of  the  present  measure  is  because  this  regu- 
lation in  itself  is  reasonable  and  just. 

"  I  think  if  we  should  not  support  public  credit 
now  we  have  the  ability,  the  people  will  lose  all  con- 
fidence in  the  government.  When  they  see  public 
bodies  shrink  from  their  duty  what  can  be  expected 
but  they  will  neglect  theirs  also?  It  cannot  be 


198  THE  LIFE   OF  ROGER  SHERMAN. 

for  the  interest  of  the  people  of  the  United  States 
that  they  should  continue  to  pay  a  high  interest, 
and  suffer  an  accumulation  of  the  principal  of  the 
national  debt  till  some  distant  period.  Will  any 
gentleman  assure  us  that  the  people  will  then  be 
better  able  to  pay  it  off  than  at  present?  Have 
they  any  certain  evidence  that  we  shall  grow  richer 
as  we  delay  the  establishment  of  our  credit  and 
the  payment  of  our  debts?  I  think  they  have 
not ;  therefore  it  is  best  to  get  out  of  debt  as  fast 
as  possible,  and  while  we  have  the  command  of 
funds  amply  sufficient  for  that  purpose." 

It  having  been  proposed  to  limit  the  time  of  the 
continuance  of  the  import  duties,  Mr.  Sherman 
said,  "  He  wished  a  limitation  to  the  law  in  gen- 
eral terms,  such  as  until  the  debt,  foreign  and 
domestic,  is  discharged.  He  thought  a  short  term 
would  make  an  unfavorable  impression  upon  the 
minds  of  the  public  creditors,  and  tend  in  a  great 
measure  to  cloud  the  happy  prospects  that  be- 
gan to  brighten  the  political  hemisphere  of  this 
country." 

April  21,  the  duties  on  tonnage  being  under 
consideration,  Madison  advocated  a  discrimina- 
tion in  favor  of  those  nations  having  commercial 
treaties  with  the  United  States.  His  remarks 
were  especially  directed  against  Great  Britain, 
whose  commercial  policy  towards  the  United  States 
he  attacked  with  great  severity.  Mr.  Sherman  said 
he  would  trouble  the  committee  no  further  than 
just  to  remark,  that  the  policy  of  laying  a  high 
tonnage  on  foreign  vessels,  whether  in  treaty  or 
not  in  treaty,  was  at  best  but  a  doubtful  point. 


SERVICES  IN  CONGRESS.  1 99 

The  regulation  is  certainly  intended  as  an  encour- 
agement to  our  own  shipping;  but  if  this  is  not 
to  be  the  consequence  of  the  measure,  it  must 
be  an  improper  one.  If  a  large  duty  is  laid  on 
foreigners  coming  into  our  ports,  they  will  be  in- 
duced to  counteract  us  by  increasing  the  restraint 
which  our  vessels  already  labor  under  in  theirs. 
But  sixty  cents  will  surely  be  too  high  in  the  pres- 
ent case,  if  it  is  proposed  to  lay  more  on  foreigners 
not  in  treaty.  Not  seeing,  therefore,  any  advantage 
resulting  from  high  duties  on  tonnage,  he  should 
vote  against  the  sixty  cents. 

May  4,  this  same  subject  being  under  consid- 
eration, Mr.  Sherman  said,  "  He  was  opposed 
to  the  discrimination.  In  his  opinion,  the  great 
principle  in  making  treaties  with  foreign  powers 
was  to  obtain  equal  and  reciprocal  advantages  to 
what  were  granted,  and  in  all  our  measures  to  gain 
this  object  the  principle  ought  to  be  held  in  view. 
If  the  business  before  the  House  was  examined,  it 
would  appear  to  be  rather  founded  on  principles  of 
resentment,  because  the  nation  of  Great  Britain  has 
neglected  or  declined  forming  a  commercial  treaty 
with  us.  He  did  not  know  that  she  discriminates 
between  these  States  and  other  powers  who  are  not 
in  treaty  with  her,  and  therefore  did  not  call  upon 
us  for  retaliation ;  if  we  are  treated  in  the  same 
manner  as  those  nations,  we  have  no  right  to  com- 
plain. He  was  not  opposed  to  particular  regula- 
tions to  obtain  the  object  which  the  friends  of  the 
measure  had  in  view;  but  he  did  not  like  this 
mode  of  doing  it,  because  he  feared  it  would  injure 
the  interest  of  the  United  States." 


2OO  THE  LIFE   OF  ROGER  SHERMAN. 

In  the  debate  on  this  subject  on  June  27, 
Mr.  Sherman  said,  "  He  was  well  convinced 
there  was  a  large  and  decided  majority  in  both 
Houses,  and  that  it  was  the  universal  voice  of  the 
Union,  that  America  should  meet  commercial  re- 
strictions with  commercial  restrictions;  but  there 
might  be  some  disagreement  about  the  best  way 
to  effect  this  point.  He  did  not  think  it  the  voice 
of  the  people  that  Congress  should  lay  the  com- 
merce of  a  nation  under  disadvantages  merely  be- 
cause we  had  no  treaty  with  them.  It  could  not 
appear  a  solid  reason  in  the  minds  of  gentlemen, 
if  they  considered  the  subject  carefully ;  therefore 
it  was  not  the  proper  principle  for  the  government 
to  act  upon.  He  would  mention  one  that  appeared 
to  him  more  equitable,  namely,  lay  a  heavy  duty 
upon  all  goods  coming  from  any  port  or  territory 
to  which  the  vessels  of  the  United  States  are  de- 
nied access;  this  would  strike  directly  at  objects 
which  the  honorable  gentlemen  had  in  view,  with- 
out glancing  upon  other  ports  to  which  we  are 
allowed  access." 

On  the  1 3th  of  May,  Mr.  Parker,  of  Virginia, 
moved  to  impose  a  duty  of  ten  dollars  on  each 
slave  imported.  He  hoped  such  a  duty  would 
prevent,  in  some  degree,  this  irrational  and  in- 
human traffic. 

Mr.  Sherman  approved  of  the  object  of  the  mo- 
tion, but  he  did  not  think  this  bill  was  proper  to 
embrace  the  subject.  He  could  not  reconcile 
himself  to  the  insertion  of  human  beings  as  an 
article  of  duty  among  goods,  wares,  and  mer- 
chandise. He  hoped  it  would  be  withdrawn  for 


SERVICES  IN- CONGRESS.  201 

the  present,  and  taken  up  hereafter  as  an  inde- 
pendent subject. 

Mr.  Parker  hoped  Congress  would  do  all  that 
lay  in  their  power  to  restore  to  human  nature  its 
inherent  privileges,  and,  if  possible,  wipe  off  the 
stigma  under  which  America  labored.  The  in- 
consistency in  our  principles  with  which  we  are 
justly  charged  should  be  done  away,  that  we  may 
show  by  our  actions  the  pure  beneficence  of  the 
doctrine  we  hold  out  to  the  world  in  our  Declara- 
tion of  Independence. 

Mr.  Sherman  thought  the  principles  of  the  mo- 
tion, and  the  principles  of  the  bill,  were  inconsist- 
ent ;  the  principle  of  the  bill  was  to  raise  revenue, 
and  the  principle  of  the  motion  to  correct  a  moral 
evil.  Now,  considering  it  is  an  object  of  revenue, 
it  would  be  unjust,  because  two  or  three  States 
would  bear  the  whole  burden,  while  he  believed 
they  bore  their  full  proportion  of  all  the  rest.  He 
was  against  receiving  the  motion  into  this  bill,  though 
he  had  no  objection  to  taking  it  up  by  itself  on 
the  principles  of  humanity  and  policy ;  and  there- 
fore would  vote  against  it  if  it  was  not  withdrawn. 

On  the  2Oth  of  April,  Mr.  Sherman  wrote  to 
Pierpont  Edwards,  of  New  Haven,  giving  him  an 
account  of  the  arrival  of  the  Vice-President,  &c. :  — 

NEW  YORK,  April  2oth,  1789. 

SIR,  —  The  Vice  President  of  the  United  States 
arrived  this  afternoon  about  4  o'clock  escorted  by 
the  cavalry  of  this  city,  and  attended  by  a  number 
of  gentlemen  of  distinction,  in  their  coaches,  char- 
iots and  other  carriages. 


2O2     THE  LIFE  OF  ROGER  SHERMAN. 

The  President  is  expected  the  latter  end  of  this 
week  or  the  beginning  of  next  when  our  Federal 
Government  will  be  completely  organized.  A  bill 
for  laying  and  collecting  a  general  impost,  and  sev- 
eral other  bills  are  preparing  in  the  House  of  Repre- 
sentatives ;  but  it  is  probable  that  much  impost  will 
be  lost  on  this  spring's  importations  by  the  delay 
of  the  members  to  meet  on  the  day  appointed. 

On  the  1 4th  of  May,  Mr.  Sherman  wrote  the 
following  letter  to  Oliver  Wolcott :  — 

NEW  YORK,  May  14,  1789. 

SIR,  —  As  the  proceedings  of  Congress  are  daily 
published  in  the  papers  in  this  city,  and  from  them 
in  the  papers  of  the  other  States,  I  cannot  give 
your  honor  any  new  information  respecting  them. 
Much  time  was  lost  by  the  non-attendance  of  mem- 
bers at  the  beginning  of  the  session,  so  that  season- 
able provision  could  not  be  made  by  an  impost 
law  to  embrace  the  spring  importations. 

The  House  of  Representatives  entered  upon  that 
subject  immediately  after  they  formed,  and  have 
agreed  upon  the  rates  of  the  impost  on  the  various 
articles,  in  doing  which  they  had  respect  to  rev- 
enue, and  the  encouraging  the  manufactures  of 
these  States.  Much  time  was  necessarily  taken 
up  in  adjusting  those  rates  to  suit  the  circum- 
stances of  the  different  parts  of  the  Union.  A 
spirit  of  harmony  and  accommodation  has  been 
manifested,  and  the  business  has  been  done  to 
general  satisfaction,  except  as  to  the  duty  on 
molasses  which  at  first  was  fixed  at  6  cents  per 


SERVICES  IN  CONGRESS.  203 

gallon,  which  gave  great  dissatisfaction  to  the 
members  from  Massachusetts  and  occasioned  much 
debate,  till  at  length  it  was  altered  to  5  cents.  It 
was  the  general  sense  of  the  House  that  were  it  not 
for  the  distillation  of  that  article  into  rum  it  ought 
to  be  lower,  but  as  a  considerable  branch  of  the 
revenue  was  to  be  derived  from  distilled  spirits 
it  was  urged,  that  if  molasses  was  not  rated  in  a 
greater  proportion  to  imported  rum  than  some 
other  articles,  it  would  tend  to  diminish  the  rev- 
enue on  that  branch  by  increasing  the  manufacture 
of  it  in  the  country,  and  so  lessening  the  impor- 
tation ;  and  that  it  would  operate  unequally  on 
the  different  parts  of  the  Union,  as  in  those  parts 
where  the  distillery  is  not  carried  on  the  people 
would  pay  a  higher  tax  on  the  spirits  which  they 
consume  than  the  citizens  of  the  other  States. 

All  classes  of  citizens  here  appear  to  be  well 
pleased  with  the  new  Government,  and  especially 
with  the  President's  address. 

There  has  been  a  joint  committee  to  consider 
what  style  shall  be  annexed  to  the  offices  of  Presi- 
dent and  Vice  President,  who  reported  that  it  is 
not  proper  to  annex  any  style  or  title  other  than 
the  style  of  office  in  the  Constitution,  which  was 
unanimously  approved  by  the  House  and  dissented 
to  by  a  majority  of  the  Senate  —  on  which  a  com- 
mittee of  conference  was  appointed,  and  the  com- 
mittee from  the  Senate  agreed  to  report  that  the 
address  of  the  Senate  should  be  made  to  the  Presi- 
dent, only  by  the  style  of  office. 

The  House  have  this  day  agreed  to  engross  the 
bill  for  laying  duties  on  goods  imported,  which  is 


2O4     THE  LIFE  OF  ROGER  SHERMAN. 

to  be  read  a  third  time  to-morrow  —  having  pre- 
viously agreed  to  a  deduction  of  10  per  cent  of  the 
duties  on  goods  imported  in  vessels  built  in  the 
United  States  and  belonging  to  citizens  thereof. 

The  freedom  of  the  City  of  New  Haven  was 
conferred  on  John  Adams  as  he  passed  through 
the  city  in  April,  1789,  on  his  way  to  the  inaugura- 
tion of  President  Washington.  The  following  cor- 
respondence shows  his  appreciation  of  the  honor, 
and  his  personal  esteem  for  Mr.  Sherman :  — 

Pierpont  Edwards  to  John  Adams. 

NEW  HAVEN,  April  2;th,  1789. 

SIR,  —  The  absence  of  the  Honorable  Roger 
Sherman  our  Mayor  necessitated  the  measure  of 
presenting  you  the  freedom  of  this  city  authenti- 
cated by  our  Senior  Aldermen.  Having  had  an 
opportunity  to  communicate  with  Mr.  Sherman,  I 
now  do  myself  the  honor  to  enclose  you  a  Diploma 
authenticated  according  to  the  usages  of  this  city, 
under  the  signature  of  our  Mayor,  City  Clerk,  and 
the  Seal  of  the  City. 

The  honor  of  expressing  the  very  great  respect 
with  which  they  regard  your  character,  and  the 
sincere  affection  which  they  have  for  your  Person, 
actuated  them  to  enroll  your  name  in  the  Registry 
of  their  Citizens.  They  hope  that  this  step  may 
meet  with  your  approbation.  I  have  the  honor 
to  be,  with  very  great  respect,  your  excellency's 
most  obedient,  and  very  humble 

Ser. 

PIERPONT  EDWARDS. 


SERVICES  IN  CONGRESS.  2O5 

John  Adams  to  Roger  Sherman. 

NEW  YORK,  May  14,  1789. 

MY  DEAR  FRIEND :  —  Inclosed  is  a  letter  of 
thanks  to  our  fellow  citizens  of  New  Haven  and  to 
Mr  Edwards,  for  the  most  endearing  compliment 
I  ever  received.  I  suppose  myself  chiefly  indebted 
to  your  friendship  for  the  favorable  representation 
of  my  character  among  your  neighbors  which  has 
produced  this  obliging  result.  I  hope  it  will  not 
be  long  before  we  shall  have  an  opportunity  to  re- 
new our  former  acquaintance- and  intimacy:  in  the 
meantime  let  me  pray  your  acceptance  of  my 
sincere  thanks  for  the  Diploma  under  your  Mayor- 
alty and  Signature ;  and  that  you  will  take  the 
trouble  of  transmitting  the  enclosed  letter,  which 
I  leave  open  for  your  perusal,  to  Mr  Edwards. 

With  the  most  cordial  affection  and  the  highest 
esteem,  I  have  the  honor  to  be,  dear  sir,  your  most 
obedient  and  most  humble  servant, 

JOHN  ADAMS. 

The  following  letter,  from  Governor  Lyman 
Hall,  of  Georgia,  to  Roger  Sherman,  shows  the 
anxiety  felt  by  some  as  to  the  success  of  the  new 
government. 

GEORGIA,  roth  June,  1789. 

DEAR  SIR,  —  I  have  advised  my  son,  who  will 
hand  you  this,  to  wait  on  you,  with  my  respectful 
compliments  and  to  pay  particular  attention  to 
such  hints  and  advice  as  he  may  receive  from  you 
for  the  guide  of  his  conduct,  upon  a  plan  of  im- 


2O6     THE  LIFE  OF  ROGER  SHERMAN. 

provement,  during  his  stay  in  N.  York,  which  if 
his  health  will  permit,  may  be  for  some  consider- 
able time. 

I  know  your  benevolent  heart,  and  I  can  rely 
with  confidence,  that  in  this  instance,  I  shall  ex- 
perience your  friendship.  My  son  will  tell  you  all 
the  news  from  this  part  of  the  world. 

I  am  heartily  glad  that  Congress  are  on  busi- 
ness, but  give  me  leave  to  say,  you  ought  to  lay  a 
scheme  to  bring  in  N.  Carolina  and  Rhode  Island, 
as  soon  as  may  be,  either  by  Convention,  (which 
will  give  them  opportunity  to  come  in  with  a  de- 
cent face,  which  I  believe  is  in  part  all  they  wish) 
or,  perhaps  some  other  mode  may  succeed  equally 
well,  at  all  events  they  must  be  brought  in  —  Con- 
sequences otherways,  I  could  not  hint,  but  your 
own  mind  must  suggest,  alarming  and  dangerous, 
at  least  to  the  tranquillity,  if  not  to  the  existence 
of  the  Union. — Revolt  of  other  States  has  been 
hinted  —  Hush  — 

I  am  sorry  that  the  whole  Congress  (a  bad  ex- 
ample) cannot  agree  to  pray  together  —  you  un- 
derstand me  — 

I  am,  Dear  Sir,  respectfully  your  most  obedient 
&  humble  servant, 

L.  HALL. 


PART  II.  —  AMENDMENTS  TO  THE  CONSTITUTION. 

At  the  time  of  the  adoption  of  the  Constitution, 
the  conventions  of  five  States  recommended 
amendments,  as  also  did  a  minority  in  the  conven- 


SERVICES  2N  CONGRESS.  2O/ 

tions  of  two  other  States.  The  feeling  in  Virginia 
was  so  strong  on  this  point,  that  Mr.  Madison  felt 
bound  to  introduce  in  the  House  a  series  of  amend- 
ments which  he  had  prepared.  Accordingly,  on 
June  8th,  Mr.  Madison  stated  that  he  proposed 
to  bring  forward  certain  amendments  to  the 
Constitution. 

Mr.  Sherman :  "  I  am  willing  that  this  matter 
should  be  brought  before  the  House  at  a  proper 
time.  I  suppose  a  number  of  gentlemen  think  it 
their  duty  to  bring  it  forward ;  so  that  there  is  no 
apprehension  it  will  be  passed  over  in  silence. 
Other  gentlemen  may  be  disposed  to  let  the  sub- 
ject rest  until  the  more  important  objects  of 
government  are  attended  to ;  and  I  should  con- 
clude, from  the  nature  of  the  case,  that  the  people 
expect  the  latter  from  us  in  preference  to  altering 
the  Constitution ;  because  they  have  ratified  that 
instrument  in  order  that  the  government  may  begin 
to  operate.  If  this  was  not  their  wish,  they  might 
as  well  have  rejected  the  Constitution,  as  North 
Carolina  has  done,  until  the  amendments  took 
place.  The  State  I  have  the  honor  to  come  from 
adopted  this  system  by  a  very  great  majority ;  be- 
cause they  wished  for  the  government;  but  they 
desired  no  amendments.  I  suppose  this  was  the 
case  in  other  States ;  it  will  therefore  be  imprudent 
to  neglect  much  more  important  concerns  for  this. 
The  executive  part  of  the  government  wants  or- 
ganization ;  the  business  of  the  revenue  is  incom- 
plete, to  say  nothing  of  the  judiciary  business. 
Now,  will  gentlemen  give  up  these  points  to  go  into 
a  discussion  of  amendments,  when  no  advantage 


208     THE  LIFE  OF  ROGER  SHERMAN. 

can  arise  from  them?  For  my  part,  I  question  if 
any  alteration  which  can  be  now  proposed  would 
be  an  amendment  in  the  true  sense  of  the  word, 
but,  nevertheless,  I  am  willing  to  let  the  subject  be 
introduced.  If  the  gentleman  only  desires  to  go 
into  committee  for  the  purpose  of  receiving  his 
proposition,  I  shall  consent ;  but  I  have  strong  ob- 
jections to  being  interrupted  in  completing  the 
more  important  business ;  because  I  am  well 
satisfied  it  will  alarm  the  fears  of  twenty  of  our 
constituents  where  it  will  please  one." 

Mr.  Madison  then  moved  that  a  select  committee 
be  appointed  to  consider  and  report  such  amend- 
ments, as  are  proper  for  Congress  to  propose  to 
the  legislatures  of  the  several  States,  conformably  to 
the  fifth  article  of  the  Constitution.  He  stated  what 
amendments  he  thought  should  be  made,  support- 
ing them  by  an  elaborate  speech. 

Mr.  Sherman:  "I  do  not  suppose  the  Constitu- 
tion to  be  perfect,  nor  do  I  imagine  if  Congress  and 
all  the  legislatures  on  the  continent  were  to  revise  it 
that  their  united  labors  would  make  it  perfect.  I 
do  not  expect  any  perfection  on  this  side  of  the 
grave  in  the  works  of  man ;  but  my  opinion  is, 
that  we  are  not  at  present  in  circumstances  to 
make  it  better.  It  is  a  wonder  that  there  has  been 
such  unanimity  in  adopting  it,  considering  the 
ordeal  it  had  to  undergo ;  and  the  unanimity  which 
prevailed  at  its  formation  is  equally  astonishing; 
amidst  all  the  members  from  the  twelve  States  pres- 
ent at  the  federal  convention,  there  were  only  three 
who  did  not  sign  the  instrument  to  attest  their 
opinion  of  its  goodness.  Of  the  eleven  States  who 


SERVICES  IN  CONGRESS.  2OQ 

have  received  it,  the  majority  have  ratified  it  with- 
out proposing  a  single  amendment.  This  circum- 
stance leads  me  to  suppose  that  we  shall  not  be 
able  to  propose  any  alterations  that  are  likely  to 
be  adopted  by  nine  States ;  and  gentlemen  know, 
before  the  alterations  take  effect,  they  must  be 
agreed  to  by  the  legislatures  of  three-fourths  of 
the  States  in  the  Union.  Those  States  which  have 
not  recommended  alterations  will  hardly  adopt 
them,  unless  it  is  clear  that  they  tend  to  make  the 
Constitution  better.  Now,  how  this  can  be  made 
out  to  their  satisfaction  I  am  yet  to  learn;  they 
know  of  no  defect  from  experience." 

August  13.  The  first  article  of  the  amendments 
proposed  ran  thus :  —  "In  the  introductory  para- 
graph of  the  Constitution,  before  the  words  '  We 
the  people,'  add  '  Government  being  intended  for 
the  benefit  of  the  people,'  and  the  rightful  estab- 
lishment thereof  being  derived  from  their  authority 
alone." 

Mr.  Sherman :  "  I  believe,  Mr.  Chairman,  this  is 
not  the  proper  mode  of  amending  the  Constitution. 
We  ought  not  to  interweave  our  propositions  into 
the  work  itself,  because  it  will  be  destructive  of  the 
whole  fabric.  We  might  as  well  endeavor  to  mix 
brass,  iron  and  clay,  as  to  incorporate  such  hetero- 
geneous articles,  the  one  contradictory  to  the 
other.  Its  absurdity  will  be  discovered  by  com- 
paring it  with  a  law.  Would  any  legislature  en- 
deavor to  introduce  into  a  former  act  a  subsequent 
amendment,  and  let  them  stand  so  connected? 
When  an  alteration  is  made  in  an  act,  it  is 
done  by  way  of  supplement :  the  latter  act  always 

14 


2IO     THE  LIFE  OF  ROGER  SHERMAN. 

repealing   the   former   in  every  specified  case  of 
difference. 

"  Besides  this,  sir,  it  is  questionable  whether  we 
have  the  right  to  propose  amendments  in  this  way. 
The  Constitution  is  the  act  of  the  people,  and 
ought  to  remain  entire.  But  the  amendments  will 
be  the  act  of  the  State  governments.  Again,  all 
the  authority  we  possess  is  derived  from  that  in- 
strument; if  we  mean  to  destroy  the  whole,  and 
establish  a  new  Constitution,  we  remove  the  basis 
on  which  we  mean  to  build.  For  these  reasons,  I 
will  move  to  strike  out  that  paragraph  and  substi- 
tute another." 

The  paragraph  proposed  was  to  the  following 
effect : 

Resolved  by  the  Senate  and  House  of  Represen- 
tatives of  the  United  States  in  Congress  assembled, 
That  the  following  articles  be  proposed  as  amend- 
ments to  the  Constitution,  and  when  ratified  by 
three-fourths  of  the  State  legislatures  shall  become 
valid  to  all  intents  and  purposes  as  part  of  the 
same. 

Under  this  title  the  amendments  might  come  in 
nearly  as  stated  in  the  report,  only  varying  the 
phraseology  so  as  to  accommodate  them  to  a  sup- 
plementary form. 

Mr.  Gerry  said  that  this  was  a  dispute  about 
form. 

Mr.  Sherman  :  "  If  I  had  looked  upon  this  ques- 
tion as  mere  matter  of  form,  I  should  not  have 
brought  it  forward  or  troubled  the  committee  with 
such  a  lengthy  discussion.  But,  sir,  I  contend  that 
amendments  made  in  the  way  proposed  by  the 


SERVICES  IN  CONGRESS.  211 

committee  are  void.  No  gentleman  ever  knew  an 
addition  and  alteration  introduced  into  an  existing 
law,  and  that  any  part  of  such  law  was  left  in  force; 
but  if  it  was  improved  or  altered  by  a  supplemental 
act,  the  original  retained  all  its  validity  and  impor- 
tance in  every  case  where  the  two  were  not  incom- 
patible. But  if  these  observations  alone  should 
be  thought  insufficient  to  support  my  motion,  I 
would  desire,  gentlemen,  to  consider  the  authorities 
upon  which  the  two  Constitutions  are  to  stand. 
The  original  was  established  by  the  people  at  large, 
by  conventions  chosen  by  them  for  the  express 
purpose.  The  preamble  to  the  Constitution  de- 
clares the  act :  but  will  it  be  a  truth  in  ratifying  the 
next  Constitution  which  is  to  be  done  perhaps  by 
the  State  legislatures,  and  not  conventions  chosen 
for  the  purpose?  Will  gentlemen  say  it  is  'We 
the  people  '  in  this  case  ?  Certainly  they  cannot ; 
for,  by  the  present  Constitution  we,  nor  all  the 
legislatures  in  the  union  together,  do  not  possess 
the  power  of  repealing  it.  All  that  is  granted  us 
by  the  fifth  article  is,  that  whenever  we  shall  think 
it  necessary,  we  may  propose  amendments  to  the 
Constitution,  —  not  that  we  may  propose  to  repeal 
the  old,  and  substitute  a  new  one. 

"  Gentlemen  say,  it  would  be  convenient  to  have 
it  in  one  instrument,  that  people  might  see  the 
whole  at  once ;  for  my  part,  I  view  no  difficulty  on 
this  point.  The  amendments  reported  are  a  de- 
claration of  rights ;  the  people  are  secure  in  them, 
whether  we  declare  them  or  not;  the  last  amend- 
ment but  one  provides  that  the  three  branches  of 
government  shall  each  exercise  its  own  rights. 


212     THE  LIFE  OF  ROGER  SHERMAN. 

This  is  well  secured  already ;  and  in  short  I  do 
not  see  that  they  lessen  the  force  of  any  article  in 
the  Constitution :  If  so  there  can  be  little  more 
difficulty  in  comprehending  them  whether  they  are 
combined  in  one  or  stand  distinct  instruments." 

Mr.  Sherman's  motion  did  not  prevail.  On 
August  2 1st,  he  renewed  his  motion,  and  it  pre- 
vailed by  a  two-thirds  vote. 

August  1 4th,  the  second  amendment  was  under 
consideration,  which  provided  that  there  should  be 
one  representative  for  every  thirty  thousand  until 
the  number  shall  amount  to  one  hundred ;  after 
which  the  proportion  shall  be  so  regulated  by 
Congress  that  the  number  of  representatives  shall 
never  be  less  than  one  hundred,  nor  more  than  one 
hundred  and  seventy-five;  but  each  State  shall 
always  have  at  least  one  representative. 

Mr.  Sedgwick  moved  to  strike  out  one  hundred 
and  seventy-five  and  insert  two  hundred. 

Mr.  Sherman  said,  if  they  were  now  forming  a 
Constitution  he  should  be  in  favor  of  one  represen- 
tative for  forty  thousand  rather  than  thirty 
thousand. 

The  objects  of  the  Federal  Government  were 
fewer  than  those  of  the  State  Government;  they 
did  not  require  an  equal  degree  of  local  knowledge  ; 
the  one  case,  perhaps,  where  local  knowledge 
would  be  advantageous,  was  in  laying  direct  taxes ; 
but  here  they  were  freed  from  an  embarrassment, 
because  the  arrangements  of  the  several  States 
might  serve  as  a  pretty  good  rule  on  which  to 
found  their  measures. 

So  far  was  he  from  thinking  one  hundred  and 


SERVICES  IN  CONGRESS.  213 

seventy-five  insufficient,  that  he  was  about  to  move 
for  a  reduction,  because  he  always  considered  that 
a  small  body  deliberated  to  better  purpose  than  a 
greater  one. 

Later,  Mr.  Sherman  said,  —  He  was  against  any 
increase.  He  thought  if  a  future  House  should  be 
convinced  of  the  impropriety  of  increasing  this 
number  to  above  one  hundred,  they  ought  to  have 
it  at  their  discretion  to  prevent  it ;  and  if  that  was 
likely  to  be  the  case,  it  was  an  argument  why  the 
present  House  should  not  decide.  He  did  not  con- 
sider that  all  that  had  been  said  with  respect  to  the 
advantages  of  a  large  representation  was  founded 
upon  experience ;  it  had  been  intimated,  that  a 
large  body  was  more  incorruptible  than  a  smaller 
one;  this  doctrine  was  not  authenticated  by  any 
proof;  he  could  invalidate  it  by  an  example  notori- 
ous to  every  gentleman  in  this  House ;  he  alluded 
to  the  British  House  of  Commons,  in  which,  al- 
though it  consisted  of  upwards  of  five  hundred 
members,  the  minister  always  contrived  to  procure 
votes  enough  to  answer  his  purpose. 

The  proposition  as  amended  by  Mr.  Sedgwick 
was  carried  by  a  vote  of  twenty-seven  to  twenty-two. 

August  15.  The  fourth  proposed  amendment 
was  that  "  No  religion  should  be  established  by 
law,  nor  shall  the  equal  rights  of  conscience  be 
infringed." 

Mr.  Sherman  thought  the  amendment  altogether 
unnecessary,  inasmuch  as  Congress  had  no  author- 
ity whatever  delegated  to  them  by  the  Constitution 
to  make  religious  establishments;  and  moved 
therefore  to  have  it  struck  out. 


214     THE  LIFE  OF  ROGER  SHERMAN. 

Mr.  Livermore  proposed  that  the  amendment 
should  be  made  to  read,  "  shall  make  no  laws 
touching  religion,  or  infringing  the  rights  of  con- 
science," which  passed  by  a  vote  of  thirty-one  to 
twenty. 

On  a  proposition  authorizing  the  people  to  in- 
struct "  their  representatives,"  Mr.  Sherman  said, 
"  It  appears  to  me  that  the  words  are  calculated  to 
mislead  the  people,  by  conveying  an  idea  that  they 
have  a  right  to  control  the  debates  of  the  legisla- 
ture. This  cannot  be  admitted  to  be  just,  because 
it  would  destroy  the  object  of  their  meeting.  I 
think,  when  the  people  have  chosen  a  representa- 
tive, it  is  his  duty  to  meet  others  from  the  differ- 
ent parts  of  the  union,  and  consult,  and  agree  with 
them  to  such  acts  as  are  for  the  general  benefit  of 
the  whole  community.  If  they  were  to  be  guided 
by  instructions,  there  would  be  no  use  in  delibera- 
tion ;  all  that  a  man  would  have  to  do,  would  be 
to  produce  his  instructions,  and  lay  them  on  the 
table,  and  let  them  speak  for  him.  From  hence,  I 
think  it  may  be  fairly  inferred,  that  the  right  of  the 
people  to  consult  for  the  common  good  can  go  no 
further  than  to  petition  the  legislature,  or  apply 
for  a  redress  of  grievances.  It  is  the  duty  of  a 
good  representative  to  inquire  what  measures  are 
most  likely  to  promote  the  general  welfare,  and,  after 
he  has  discovered  them,  to  give  them  his  support. 
Should  his  instructions,  therefore,  coincide  with 
his  ideas  on  any  measure,  they  would  be  unneces- 
sary ;  if  they  were  contrary  to  the  conviction  of 
his  own  mind,  he  must  be  bound  by  every  princi- 
ple of  justice  to  disregard  them." 


SERVICES  IN  CONGRESS.  215 

The  proposition  was  negatived  by  a  vote  of  ten 
yeas  to  forty-one  nays. 

August  1 8.  The  ninth  proposed  amendment 
was,  "  The  powers  not  delegated  by  the  Constitu- 
tion, nor  prohibited  by  it,  to  the  States,  are  re- 
served to  the  States  respectively." 

Mr.  Tucker  moved  to  amend  this  proposition  by 
adding  the  word  "  expressly,"  so  as  to  read  "  the 
powers  not  expressly  delegated  by  this  Consti- 
tution." 

Mr.  Madison  objected  to  this  amendment,  be- 
cause it  was  impossible  to  confine  a  government  to 
the  exercise  of  express  powers ;  they  must  neces- 
sarily be  admitted  powers  by  implication,  unless 
the  Constitution  descended  to  recount  every  minu- 
tia.  He  remembered  the  words  "  expressly  "  had 
been  moved  in  the  convention  of  Virginia,  by  the 
opponents  to  the  ratification,  and,  after  full  and 
fair  discussion,  was  given  up  by  them,  and  the  sys- 
tem allowed  to  retain  its  present  form. 

Mr.  Sherman  coincided  with  Mr.  Madison  in 
opinion,  observing  that  corporate  bodies  are  sup- 
posed to  possess  all  powers  incident  to  a  corporate 
capacity,  without  being  absolutely  expressed. 

Mr.  Tucker's  motion  was  negatived. 

August  21.  The  House  having  taken  into  con- 
sideration the  amendments  to  the  Constitution,  as 
reported  by  the  Committee  of  the  Whole,  Mr. 
Sherman  renewed  his  motion  for  adding  the 
amendments  to  the  Constitution  by  way  of  supple- 
ment ;  which  was  agreed  to  by  two  thirds  of  the 
House. 

The  first  proposed  amendment  was  rejected,  be- 


2l6     THE  LIFE  OF  ROGER  SHERMAN. 

cause  two  thirds  of  the  members  present  did  not 
support  it. 

Mr.  Sherman  moved  to  alter  the  clause  in  refer- 
ence to  the  delegation  of  powers  by  adding  to  it 
the  words,  "  or  to  the  people ;  "  so  that  it  would 
read  "  the  powers  not  delegated  to  the  United 
States  by  the  Constitution,  nor  prohibited  by  it  to 
the  States,  are  reserved  to  the  States  respectively, 
or  to  the  people." 

This  motion  was  adopted  without  debate. 

Mr.  Burke  proposed  as  an  amendment  that 
"  Congress  shall  not  alter,  modify,  or  interfere  in 
the  times,  places,  or  manner  of  holding  elections 
of  senators,  or  representatives,  except  when  any 
State  shall  refuse  or  neglect  or  be  unable,  by  inva- 
sion or  rebellion,  to  make  such  election." 

Mr.  Sedgwick  moved  to  amend  the  motion  by 
giving  the  power  to  Congress  to  alter  the  times, 
manner,  and  places  of  holding  elections,  provided 
the  States  made  improper  ones. 

Mr.  Sherman  observed,  that  the  convention 
were  very  unanimous  in  passing  this  clause ;  that 
it  was  an  important  provision,  and  if  it  was  re- 
signed it  would  tend  to  subvert  the  government. 

The  motions  of  Mr.  Burke  and  Mr.  Sedgwick 
were  determined  in  the  negative. 

Two  thirds  of  the  House  finally  agreed  to  seven- 
teen amendments.  The  Senate  reduced  the  num- 
ber to  twelve.  Only  ten  of  these,  which  were  in 
the  nature  of  a  bill  of  rights,  were  ratified  by  the 
legislatures  of  three  fourths  of  the  States,  and  so 
became  a  part  of  the  Constitution.  Mr.  Livermore 
doubtless  expressed  a  very  prevalent  opinion  when 


SERVICES  IN  CONGRESS. 

he  pronounced  these  ten  amendments  "  of  no  more 
value  than  a  pinch  of  snuff,  since  they  went  to 
secure  rights  never  in  danger." 

June  25.  The  following  clause  in  a  bill  for  es- 
tablishing the  Treasury  Department  was  under 
consideration,  viz. :  Making  it  the  duty  of  the  Sec- 
retary to  digest  and  report  plans  for  the  improve- 
ment and  management  of  the  revenue  and  the 
support  of  the  public  credit. 

Mr.  Sherman  thought  the  principle  held  up  by 
the  clause  was  absolutely  necessary  to  be  received. 
It  was  of  such  a  nature  as  to  force  itself  upon 
them ;  therefore  it  was  in  vain  to  attempt  to  elude 
it  by  subterfuge.  It  was  owing  to  the  great  abil- 
ities of  a  financier,  that  France  had  been  able  to 
make  the  exertions  we  were  witnesses  of  a  few 
years  ago,  without  embarrassing  the  nation.  This 
able  man,  after  considerably  improving  the  na- 
tional revenue,  was  displaced ;  but  such  was  the 
importance  of  the  officer,  that  he  has  been  restored 
again.  ...  It  is  the  proper  business  of  this  House 
to  originate  revenue  laws :  but  as  we  want  inform- 
ation to  act  upon,  we  must  procure  it  where  it  is 
to  be  had  ;  consequently  we  must  get  it  out  of  this 
officer,  and  the  best  way  of  doing  so  must  be  by 
making  it  his  duty  to  bring  it  forward. 

September  25.  Mr.  Boudinot  moved  that  the 
President  be  requested  to  appoint  a  day  of  Thanks- 
giving for  the  many  signal  favors  of  Almighty  God, 
especially  by  affording  them  an  opportunity  peace- 
ably to  establish  a  constitution  of  government  for 
their  safety  and  happiness. 

Mr.   Sherman    justified  the  practice  of  thanks- 


2l8  THE  LIFE   OF  ROGER  SHERMAN. 

giving  on  any  signal  event,  not  only  as  a  laudable 
one  in  itself,  but  as  warranted  by  a  number  of 
precedents  in  Holy  Writ :  for  instance,  the  solemn 
thanksgivings  and  rejoicings  which  took  place  in 
the  time  of  Solomon,  after  the  building  of  the  tem- 
ple, was  a  case  in  point.  This  example  he  thought 
worthy  of  Christian  imitation  on  the  present 
occasion ;  and  he  would  agree  with  the  gentleman 
who  moved  the  resolution. 

The  motion  was  opposed  by  Burke,  who  did  not 
like  this  mimicking  European  customs.  Tucker 
intimated  that  it  would  be  as  well  to  wait  for  some 
experience  of  the  effects  of  the  Constitution  before 
returning  thanks  for  it.  He  thought  the  question 
of  a  thanksgiving  ought  to  be  left  to  the  State  au- 
thorities, as  they  would  know  best  what  reason  the 
people  had  to  be  pleased  with  the  new  govern- 
ment. 

The  resolution  was  carried ;  and  Messrs.  Boudi- 
not,  Sherman,  and  Sylvester  were  appointed  a 
committee  on  the  part  of  the  House.  In  com- 
pliance with  this  resolution,  in  which  the  Senate 
concurred,  the  President  appointed  Thursday, 
November  26th,  1789,  as  our  first  national  Thanks- 
giving day. 

The  first  session  of  the  first  Congress  came  to 
an  end  September  29th,  1789.  A  few  days  before 
the  adjournment,  Mr.  Sherman  wrote  to  Gov. 
Huntington  the  following  letter,  giving  him  an 
account  of  the  work  done  during  the  last  four 
months  of  the  Congress. 


SERVICES  IN  CONGRESS.  2ig 

NEW  YORK,  Sept.  i7th,  1789. 

SIR;  Your  excellency  has  doubtless  seen  the 
amendments  proposed  to  be  made  to  the  Consti- 
tution as  passed  by  the  House  of  Representatives, 
Enclosed  is  a  copy  of  them  as  amended  by  the 
Senate  wherein  they  are  considerably  abridged  and 
I  think  altered  for  the  better. 

The  present  session  draws  near  to  a  close,  the 
22d  inst.  being  the  time  fixed  by  both  Houses  for 
adjournment.  Some  bills  for  laws  and  other  busi- 
ness begun  will  be  continued  to  next  session ;  but 
the  arrangements  that  will  be  completed  will  en- 
able the  Executive  to  administer  the  Government 
in  the  recess  of  Congress.  It  was  impossible  to 
make  any  special  appropriation  for  paying  the 
interest  of  the  public  debt  without  further  informa- 
tion than  can  be  obtained  at  present.  The  Secre- 
tary of  the  Treasury  will  be  directed  to  make 
proper  statements  and  report  to  the  next  session. 

The  salaries  of  some  of  the  officers  are  higher 
than  I  thought  was  necessary  or  proper  consider- 
ing the  state  of  the  finances  and  the  just  and  meri- 
torious demands  of  the  creditors  who  have  long 
been  kept  out  of  their  dues,  especially  such  of 
them  as  originally  loaned  their  money,  or  ren- 
dered services  or  specific  supplies,  and  still  hold 
their  securities.  I  don't  know  whether  any  dis- 
crimination will  or  ought  to  be  made  between  them 
and  others,  but  if  there  should  I  think  it  ought  not 
to  be  made  for  the  benefit  of  the  public,  but  of  the 
original  creditors  who  were  necessitated  to  sell 
their  securities  at  a  discount.  I  was  absent  when 


22O     THE  LIFE  OF  ROGER  SHERMAN. 

the  bill  for  fixing  the  compensation  of  the  mem- 
bers and  officers  of  Congress  was  brought  in  and 
passed  the  House.  The  Senate  concurred  with  an 
alteration  that  in  the  year  1795  the  pay  of  a  Sena- 
tor should  be  augmented  one  dollar  a  day,  on  this 
principle  that  a  Senator  ought  to  have  higher  pay 
than  a  Representative,  though  they  were  willing  to 
dispense  with  it  during  their  continuance  in  office, 
a  great  majority  of  the  House  of  Representatives 
thought  the  principle  not  admissible,  but  on  con- 
ference rather  than  lose  the  bill  it  was  agreed  by 
way  of  accommodation  to  limit  the  continuance  of 
the  law  to  seven  years,  so  that  the  extra  pay  of  a 
Senator  will  continue  but  one  year. 

The  pay  is  fixed  at  one  dollar  a  day  more  than 
was  last  stated  by  the  legislature  of  the  State  of 
Connecticut  which  is  perhaps  as  economical  a 
State  as  any  in  the  Union,  and  I  suppose  the 
members  from  that  State  would  have  been  content 
with  that  allowance,  if  they  had  to  provide  only  for 
themselves,  but  the  members  from  those  States 
who  had  formerly  allowed  eight  dollars  a  day 
thought  it  hard  to  be  reduced  to  six,  but  mutual 
concession  was  necessary.  It  is  important  that  a 
full  representation  be  kept  up,  and  it  is  well  known 
that  in  Connecticut  as  well  as  in  other  States,  it 
was  difficult  out  of  seven  members  to  keep  up  a 
representation  by  two,  and  some  could  not  be  in- 
duced to  attend  at  all. 

The  judiciary  bill  which  had  passed  the  Senate 
was  this  day  concurred  with  by  the  House  of  Rep- 
resentatives with  some  small  alterations.  The  sala- 
ries of  the  Judges  have  been  this  day  reported  but 


SERVICES  IN  CONGRESS.  221 

not  considered  by  the  House.  The  enclosed 
papers  contain  the  news  of  the  day.  I  have  the 
honor  to  be  with  great  respect,  your  excellency's 
most  obedient  humble  servant, 

ROGER  SHERMAN. 

In  the  previous  month  of  June,  Mr.  Sherman's 
son  William  had  died.  The  following  letter  on 
this  subject  was  written  to  him  by  his  daughter 
Elizabeth. 

NEW  HAVEN,  June  29,  1789. 

HOND.  SlR;  It  is  an  hour  of  trying  affliction 
with  us.  We  all  need  your  advice  and  counsel  in 
this  affecting  moment.  Mama  has  been  graciously 
supported  beyond  our  expectation.  Thus  we  have 
reason  to  praise  God  in  the  midst  of  this  most 
severe  chastisement.  It  is  by  her  desire  that  I 
write  to  inform  you  the  particulars  of  the  death 
and  interment  of  my  deceased  brother.  He  ap- 
peared to  have  his  senses  and  was  able  to  speak 
until  about  six  hours  before  his  death. 

Doctor  Stiles,  Doctor  Wales  and  Mr.  Austin  all 
visited  and  conversed  with  him  concerning  the 
state  of  his  mind.  He  expressed  penitence  for 
sins  and  his  belief  of  a  necessity  of  the  atonement 
by  Christ  and  seemed  sincerely  to  desire  to  be  en- 
abled by  the  grace  of  God  to  repent  of  all  his  sins 
and  accept  of  salvation  upon  the  terms  offered  in 
the  Gospel,  and  the  last  words  he  was  heard  to 
utter  appeared  to  be  an  earnest  prayer  to  his 
Creator  for  the  salvation  of  his  soul  and  at  3  o'clock 
on  Saturday  he  was  buried.  His  daughter  Betsy 
attended  as  a  mourner  at  the  funeral.  Mama  got 


222  THE  LIFE   OF  ROGER  SHERMAN. 

for  her  and  for  the  rest  of  us  hats,  gloves,  buckles, 
handkerchiefs  and  everything  necessary  for  mourn- 
ing except  gowns.  Those  we  borrowed.  They 
were  black  silk.  Now  Mama  wishes  to  know  what 
you  think  proper  to  get  for  the  family  and  whether 
you  do  not  think  best  to  get  for  them  and  for  his 
Betsy  suits  of  black  silk  and  she  also  wishes  if  pos- 
sible to  have  you  come  home  even  if  you  cannot 
stay  but  two  days.  Roger  and  Oliver  have  dark 
coats  and  other  dress  that  is  very  decent.  John 
and  Isaac  have  no  dark  coats.  They  have  black 
underdresses,  stockings,  gloves  and  all  else  that  is 
necessary  and  Mama  wants  to  know  if  they  had 
not  best  have  some  dark  coats.  Roger  has  been 
to  Mr  Tomlinsons  and  took  some  patterns  of  the 
lute  strings  which  I  have  enclosed.  They  are  half 
yard  wide.  The  large  piece  is  n/8  per  ell.  The 
other  9/6  per  ell  York  currency,  and  he  will  make 
his  usual  deduction  from  the  above  prices.  At  the 
same  place  is  some  English  taffety  for  7  pounds 
per  piece  Y.  C.  and  marked  price. 

from  yours  affectionately, 

ELIZA  SHERMAN. 

N.  B.  We  cannot  find  any  broad  cloths  here. 
If  you  think  best  to  get  any  I  suppose  you  can  get 
enough  in  New  York. 

Mama  is  happy  to  inform  you  that  Isaac  has 
been  a  great  comfort  to  her  and  all  the  family  in 
our  present  distress. 

The  following  is  a  letter  from  Mr.  Sherman  to 
Simeon  Baldwin  on  the  same  subject. 


SERVICES  IN  CONGRESS.  22$ 

NEW  YORK,  June  29th,  1789. 

SIR,  —  I  received  your  letter  of  the  24th  on  the 
evening  of  the  25th  and  that  of  the  26th  on  the 
evening  of  the  28th  —  I  am  greatly  obliged  to  you 
for  the  attention  you  gave  to  my  son  William  in 
his  sickness,  and  the  early  and  circumstantial  ac- 
count given  me  respecting  him  in  your  letters.  I 
had  thought  of  returning  home  on  receipt  of  your 
first  letter  but  had  no  opportunity  by  land  or  water 
until  it  was  too  late  to  see  him  alive  or  to  attend 
his  funeral.  The  first  account  I  had  of  his  death 
was  by  a  letter  from  my  son  Isaac  last  Saturday 
evening.  I  wish  this  sudden  and  sorrowful  event 
may  be  sanctified  to  all  the  family  —  that  we  may 
always  be  prepared  for  so  great  and  important  a 
change,  by  choosing  the  good  part  that  can  never 
be  taken  away  from  us. 

These  with  my  love  to  you  and  Mrs.  Baldwin, 
from  your  affectionate  Parent, 

ROGER  SHERMAN. 

The  following  letter  to  Simeon  Baldwin  gives  an 
account  of  the  method  of  applying  for  office,  at 
that  early  day. 

NEW  YORK,  July  2ist,  1789. 

DEAR  SIR,  —  Enclosed  is  last  Saturday's  paper. 
The  Collecting  Bill  passed  the  House  and  was  sent 
to  the  Senate  last  Friday  —  the  Judiciary  Bill 
passed  the  Senate  the  same  day  —  and  has  been 
once  read  in  the  House  —  Two  persons  have  ap- 
plied for  the  office  of  Surveyor  in  New  Haven,  Mr 


224  THE  LIFE   OF  ROGER  SHERMAN. 

Phips  who  was  a  Lieutenant  under  Capt.  Harding 
in  the  Navy  of  the  United  States  —  and  Capt. 
William  Munson,  who  I  suppose  have  applied  to 
the  President  in  common  form,  which  is  by  letter 
mentioning  the  office  to  which  they  wish  to  be  ap- 
pointed, and  their  past  services  and  sufferings  as  a 
ground  of  claim  —  and  if  the  President  is  not  per- 
sonally acquainted  with  their  character,  their  letter 
is  accompanied  with  a  certificate  from  persons  of 
distinction,  certifying  their  qualifications,  and  they 
sometimes  in  their  letters  refer  the  President  to 
members  of  Congress,  or  other  persons  residing  at 
the  Seat  of  Government  for  information.  The  dis- 
trict Court  and  the  circuit  Court  will  have  two  Ses- 
sions in  a  year  in  Connecticut  to  be  held  at  Hart- 
ford and  New  Haven  alternately  and  may  hold 
special  Court  at  other  places.  I  am  in  health  and 
hope  to  come  home  as  soon  as  the  Judiciary  Bill 
passes. 

Yours  respectfully, 

ROGER  SHERMAN. 

The  following  letter  to  his  wife  shows  that  the 
cares  of  State  did  not  make  Mr.  Sherman  unmind- 
ful of  domestic  economy. 

NEW  YORK,  July  23,  1789. 

DEAR  WIFE,  —  I  received  Roger's  letter  of  the 
2Oth  inst.  wherein  he  mentions  that  you  had  a  poor 
turn  that  day  but  was  so  far  recovered  as  to  ride 
out.  If  your  state  of  health  makes  it  necessary,  I 
will  return  home  immediately,  otherwise  I  shall 
stay  a  little  longer.  The  bill  establishing  courts 


SERVICES  IN  CONGRESS.  22$ 

passed  by  the  Senate  is  now  before  the  House,  and 
I  am  on  a  committee  for  considering  amendments 
to  the  Constitution.  The  bill  for  fixing  the  pay  of 
the  members  is  depending  and  undetermined  —  I 
wish  you  to  write  me  by  the  .first  post. 

I  received  my  clothes  in  the  green  box — The 
new  jacket  fits  well.  Coppers  have  taken  a  sud- 
den fall  here  to  48  for  a  shilling  York  money,  if  we 
have  any  on  hand  I  think  it  best  to  keep  them  for 
the  present.  I  believe  it  would  answer  to  take  in 
good  flax  well  dressed  for  spinning  at  a  reasonable 
price — the  crop  won't  be  so  good  this  year  as 
last. 

Yours,  &c., 

ROGER  SHERMAN. 

I  had  a  letter  from  Mr  Gibbs  dated  the  iQth  he 
says  that  sister  and  all  friends  are  well  —  They 
lately  made  an  excursion  into  the  country  and 
found  our  friends  at  Concord  well. 

R.  S. 

On  Mr.  Sherman's  return  home,  he  wrote  the 
following  letter  to  Richard  Law,  who  had  been  his 
associate  on  the  bench,  and  in  revising  the  laws  of 
Connecticut. 

NEW  HAVEN,  Oct.  3,  1789. 

DEAR  SIR  ;  —  Congress  closed  the  session  last 
Tuesday,  having  made  such  arrangements  as  will 
enable  the  Executive  to  administer  the  Govern- 
ment. They  could  not  obtain  sufficient  informa- 
tion to  make  any  appropriations  for  the  interest  of 

the  public  debts,  but  have  directed  the  Secretary 

15 


226     THE  LIFE  OF  ROGER  SHERMAN. 

of  the  Treasury  to  report  the  necessary  statements 
for  that  purpose,  to  the  next  session. 

The  Judiciary  Act  passed  with  but  little  altera- 
tion from  the  original  draft.  I  suppose  you  will 
be  furnished  with  a  copy  of  it.  You  are  appointed 
District  Judge  for  Connecticut.  The  salary  is  some- 
thing more  than  you  now  receive  from  the  State 
and  can't  be  diminished.  %  ' 

Your  honor  will  have  the  appointment  of  a 
Clerk  who  must  reside  at  Hartford  or  New  Haven. 
Simeon  Baldwin,  Esq.,  of  this  city,  with  whom  you 
are  well  acquainted,  would  execute  the  office  well, 
and  I  believe,  to  good  acceptance,  if  he  should  be 
appointed.  If  your  honor  shall  think  fit  to  con- 
fer that  office  on  him  the  favor  will  be  gratefully 
acknowledged  by  him,  and 

Your  sincere  friend  and  humble  servant, 

ROGER  SHERMAN. 

The  Diary  of  George  Washington,  from  1789  to 
1791  gives  the  following  account  of  his  visit  to  New 
Haven  in  October,  1789. 

Saturday,  Oct.  17,  1789. 

From  Milford  we  took  the  lower  road  through 
West  Haven,  part  of  which  was  good  and  part 
rough,  and  arrived  at  New  Haven  before  two 
o'clock;  we  had  time  to  walk  through  several 
parts  of  the  city  before  dinner.  By  taking  the 
lower  road  we  missed  a  committee  of  the  Assem- 
bly, who  had  been  appointed  to  wait  upon  and 
escort  me  into  town  —  to  prepare  an  address  — 
and  to  conduct  me  when  I  should  leave  the  city  as 


SERVICES  IN  CONGRESS.  22/ 

far  as  they  should  judge  proper.  The  address  was 
presented  at  7  o'clock,  and  at  9,  I  received  another 
address  from  the  Congregational  clergy  of  the 
place.  Between  the  receipt  of  the  two  addresses 
I  received  the  compliment  of  a  visit  from  the  Gov. 
Mr  Huntington  —  the  Lt.  Gov.  Mr  Wolcott  — 
and  the  Mayor,  Mr  Roger  Sherman. 

Sunday,  i8th. 

Went  in  the  forenoon  to  the  Episcopal  Church, 
and  in  the  afternoon  to  one  of  the  Congrega- 
tional meeting  houses.  Attended  to  the  first  by 
the  Speaker  of  the  Assembly,  Mr  Edwards, 
and  a  Mr  Ingersoll,  and  to  the  latter  by  the 
Governor,  the  Lieut.  Governor,  the  Mayor,  and 
Speaker. 

These  gentlemen  all  dined  with  me,  (by  invita- 
tion,) as  did  Gov.  Huntington,  at  the  house  of  Mr 
Brown,  where  I  lodged,  and  who  keeps  a  good 
tavern.  Drank  tea  at  the  Mayor's,  Mr  Sherman. 

It  was  on  this  occasion  that  Mr.  Sherman's 
daughter  Mehetabel  opened  the  door  for  the  Presi- 
dent, as  he  was  leaving.  Washington,  putting  his 
hand  on  her  head,  remarked,  — "  You  deserve  a 
better  office,  my  little  lady."  "Yes,  sir,"  she  re- 
plied with  a  curtsey,  "  to  let  you  in."  This  young 
lady  afterwards  became  Mrs.  Evarts.  Her  son,  the 
Hon.  William  M.  Evarts  told  me  he  had  often 
heard  his  mother  repeat  this  story. 


228  THE   LIFE   OF  ROGER  SHERMAN. 

PART  III.  —  PUBLIC  CREDIT. 
SECOND  SESSION.    Jan.  4,  1790  —  Aug.  12,  1790. 

The  second  session  of  Congress  met  on  the  4th 
of  January,  1790.  On  the  I4th  of  January  the 
Secretary  of  the  Treasury  submitted  a  plan  for  the 
support  of  the  public  credit,  which  was  made  the 
order  of  the  day  for  January  28th.  In  the  mean 
time,  on  January  2Oth,  the  motion  to  direct  the 
Secretary  of  the  Treasury  to  report  some  regula- 
tion for  the  distribution  of  western  lands  being 
under  consideration,  Mr.  Sherman  said,  that  he 
thought  the  best  way  to  manage  this  business  was 
to  refer  it  to  the  Secretary  of  the  Treasury  as  was 
proposed.  He  said  that  the  unappropriated  land 
in  the  western  territory  was  the  great  fund  of 
wealth  which,  if  properly  disposed  of,  might  ex- 
tinguish the  national  debt,  and  be  peopled  by  a 
valuable  class  of  citizens ;  but  if,  from  a  mistaken 
policy,  it  was  thrown  away  upon  foreign  adven- 
turers or  speculators,  the  public  would  get  nothing 
for  it  as  had  been  the  case  heretofore,  in  the  sale 
of  large  districts,  where  the  expenses  attending  the 
surveys  &c.,  left  very  little  profit  to  the  United 
States.  It  is  true,  such  measures  may  induce  a 
number  of  foreigners  to  come  among  us;  but  then 
it  ought  to  be  remembered  that  such  are  generally 
persons  of  different  education,  manners,  and  cus- 
toms from  the  citizens  of  the  Union,  and  not  so 
likely  to  harmonize  in  a  republican  government  as 
might  be  wished ;  consequently  any  considerable 


SERVICES  IN  CONGRESS.  22Q 

accession  of  this  class  of  settlers  might  tend  to  dis- 
turb the  harmony  and  tranquillity  and  embarrass 
the  operations  of  the  government.  He  thought  it 
was  worthy  of  inquiry  whether  America  stood  in 
need  of  emigrants  to  people  her  territory.  He 
supposed  the  notorious  rapid  population  of  the 
present  inhabitants  was  of  itself  sufficient  for  the 
purpose.  It  must  have  struck  the  observation  of 
every  gentleman  that  they  were  daily  throwing  off 
vast  numbers,  and  extending  the  settlements  into 
that  country  which  some  gentlemen  seemed  to 
think  could  not  be  too  early  cultivated.  But, 
nevertheless,  he  was  willing  to  let  foreigners  come 
in  gradually,  and  in  the  same  way  he  was  inclined 
to  dispose  of  the  lands.  He  thought  it  would  be 
most  judicious  to  lay  off  a  district  at  a  time,  re- 
serving some  lots,  which,  with  the  increasing  popu- 
lation of  the  surrounding  ones,  would  increase  in 
value,  and  ultimately  these  reserved  lots  would  bring 
more  into  the  Treasury  than  the  others.  He  wished 
the  business  to  go  to  the  Secretary  of  the  Treasury, 
because  he  supposed  he  had  the  most  information 
respecting  it. 

January  28.  The  report  of  the  Secretary  of 
the  Treasury  on  the  means  of  supporting  public 
credit  was  under  consideration.  It  proposed  two 
things.  First,  that  all  idea  of  discrimination 
among  the  public  creditors,  as  original  holders 
or  transferees,  ought  to  be  done  away;  second, 
the  assumption  of  the  State  debts  by  the  general 
government. 

Mr.  Sherman  hoped  the  business  would  be  con- 
ducted in  such  a  way  as  to  be  concluded  before 


230  THE  LIFE   OF  ROGER  SHERMAN, 

the  end  of  the  present  session.  As  to  obtaining 
the  sense  of  the  State  legislatures,  he  did  not  think 
that  necessary.  The  people  appointed  the  mem- 
bers of  this  House,  and  their  situation  enabled 
them  to  consult  and  judge  better  what  was  for  the 
public  good,  than  a  number  of  distinct  parts,  void 
of  relative  information,  and  under  the  influence  of 
local  views.  He  supposed  that  Congress  contained 
all  the  information  necessary  to  determine  this  or 
any  other  national  question.  As  to  the  first  obser- 
vation of  the  gentleman  from  Georgia,  that  specu- 
lations had  been  carried  on  to  a  great  extent,  he 
had  only  to  observe,  that  this  had  been  the  case 
from  the  time  when  the  public  securities  were  first 
issued,  and  he  supposed  they  would  continue  until 
the  holders  were  satisfied  with  what  was  done  to 
secure  the  payment. 

As  to  the  State  debts,  it  was  a  subject  which  he 
apprehended  would  not  be  ultimately  decided 
till  the  sense  of  the  people  is  generally  known ; 
and  on  this  occasion,  it  might  be  well  to  be  ac- 
quainted with  the  sense  of  the  State  legislatures ; 
he  hoped,  therefore,  that  it  would  be.  But  with 
regard  to  the  foreign  and  domestic  continental 
debts,  he  did  not  hesitate  to  say,  it  was  proper  for 
Congress  to  take  them  into  consideration  as 
speedily  as  possible ;  for  the  sooner  they  are  dis- 
cussed, the  sooner  will  the  House  make  up  their 
judgment  thereon.  He  believed  they  were  pos- 
sessed of  all  the  facts  they  could  be  possessed  of, 
and  therefore  any  great  delay  was  improper. 

February  9.  Mr.  Sherman  :  "  I  think  whatever 
doubts  there  may  be  with  respect  to  the  advan- 


SERVICES  IN  CONGRESS.  231 

tage  or  disadvantage  of  a  public  debt,  we  can  none 
of  us  hesitate  to  decide  that  provision  of  some  kind 
ought  to  be  made  for  what  we  have  already  in- 
curred. It  is  true,  if  we  were  about  now  to  borrow 
money,  it  would  be  highly  prudent  to  consider 
whether  the  anticipation  would  not  be  repaid  by  a 
speedy  collection  of  taxes  or  duties  to  the  amount ; 
but  when  a  debt  is  incurred  beyond  our  present 
ability  to  discharge,  we  ought  to  make  some  pro- 
vision for  its  gradual  extinction,  and,  in  the  inte- 
rim, pay  punctually  the  interest ;  now  this  resolution 
goes  no  further. 

"  Some  of  the  propositions  which  follow  go  further 
than  this.  They  propose  perpetual  annuities,  and 
talk  of  irredeemable  stock.  This  is  more  than  I 
am  willing  to  agree  to.  I  think  it  prudent  for  us 
to  get  out  of  debt  as  soon  as  we  can ;  but  then  I 
do  not  suppose  we  can  raise  money  enough  to  pay 
off  the  whole  principal  and  interest  in  two,  three, 
or  ten  years.  If  I  am  right  in  this,  we  ought  to 
agree  to  some  mode  of  paying  the  interest  in  the 
interim." 

February  9.  The  report  of  the  Secretary  of  the 
Treasury  relating  to  the  domestic  debt  being  un- 
der consideration,  Mr.  Sherman  said :  "  I  do  not 
differ  much  in  principle  from  the  gentleman  who 
spoke  last,  from  Pennsylvania,  Mr.  Scott,  but  I  do 
not  extend  my  views  so  far  as  he  extends  his,  in 
the  exercise  of  the  power  which  he  contends  is 
vested  in  this  body.  I  look  upon  it,  that  legisla- 
tors act  in  a  threefold  capacity;  they  have  the 
power  to  make  laws  for  the  good  government  of 
the  people,  and  a  right  to  repeal  and  alter  those 


232  THE  LIFE   OF  ROGER  SHERMAN. 

laws  as  public  good  requires ;  in  another  capacity, 
they  have  a  right  to  make  contracts ;  but  here  I 
must  contend,  that  they  have  no  right  to  violate, 
alter,  or  abolish;  but  they  are  obliged  to  fulfil 
them.  The  legislature  stands  in  another  capac- 
ity, what  is  called  judicial,  between  the  Union  at 
large  and  those  creditors  with  whom  she  has  en- 
tered into  stipulations;  there  can  be  no  other 
solemn  judge  on  such  occasions,  because  no  court 
of  law  is  capable  of  giving  redress;  they  cannot 
issue  an  execution  against  the  sovereign  power, 
and  enforce  their  decrees ;  therefore,  any  creditor 
who  has  money  due  him  from  the  State  has  a 
right,  by  petition,  to  apply  to  the  legislature,  who 
has  the  sole  power  of  doing  him  justice.  When 
applied  to  in  that  manner,  the  legislature  has  a 
right  to  examine,  or  appoint  another  to  examine, 
how  far  the  claim  is  just  or  unjust ;  this  power  has 
been  exercised,  with  respect  to  the  greatest  part  of 
the  claims  against  the  United  States.  There  has 
been  a  liquidation  of  these  accounts,  and  the  specie 
value  has  been  ascertained  of  the  depreciated  se- 
curity. When  bills  of  credit  were  first  emitted,  it 
was  declared  that  they  should  be  redeemed  with 
specie,  indeed  they  passed  as  such  at  first;  but 
the  opinion  of  their  real  value  was  changed  by 
common  consent;  those  that  were  put  into  the 
continental  loan  offices  were  always  payable  in 
the  same  species  of  money.  If  they  had  been 
paid  in  paper  currency,  the  owners  of  them  would 
have  suffered  a  loss  and  injury;  in  justice,  there- 
fore, to  the  holders,  the  government  agreed  to  fix 
the  value  of  the  loans  according  to  the  current 


SERVICES  IN  CONGRESS.  233 

rate  of  paper  bills,  at  the  time  they  were  left  in 
the  office ;  all  certificates  were  ordered  to  be  liqui- 
dated in  this  manner;  the  same  could  not  be  done 
in  favor  of  those  who  had  left  their  other  property 
with  the  public,  and  took  the  continental  bills  as 
a  security;  because  they  passed  as  a  circulating 
medium,  and  went  from  one  hand  to  another,  by 
which  means  every  one  who  received  them,  and 
kept  them,  though  a  small  space  of  time,  suffered 
loss ;  in  that  way  it  operated  as  a  tax,  and  per- 
haps as  equitable  and  as  just  a  one  as  could  have 
been  any  way  apportioned ;  therefore  it  could  not 
have  been  supposed  equitable,  that  the  last  posses- 
sor should  receive  for  these  bills  the  nominal  sum 
in  specie.  The  government,  therefore,  interfered 
in  order  to  do  justice ;  but  when  they  had  entered 
into  a  contract,  founded  on  specie  value,  liquidated 
and  ascertained,  I  do  not  see  but  the  public  are 
bound  by  that  contract,  as  much  as  an  individual, 
and  that  they  cannot  reduce  it  down  in  either 
principal  or  interest,  unless  by  an  arbitrary  power, 
and  in  that  case  there  never  will  be  any  security 
in  the  public  promises.  If  we  should  now  agree 
to  reduce  the  domestic  debt  to  four  per  cent  the 
world  may  justly  fear  that  we  may,  on  some  future 
occasion,  reduce  it  to  two.  If  this  government 
once  establishes  such  a  principle,  our  credit  is 
inevitably  gone  forever.  I  presume  the  gentle- 
man does  not  found  his  motion  upon  the  idea  that 
there  has  been  fraud  and  injustice  committed  on 
the  one  side,  or  imbecility  or  oversight  on  the 
other ;  if  there  was,  it  would  be  a  good  reason 
why  an  inquiry  should  take  place  in  such  cases. 


234  THE  LIFE   OF  ROGER  SHERMAN. 

But  though  the  legislature  may  judge  of  accounts 
exhibited  against  the  government,  and  determine 
on  them,  their  power  ought  not  to  be  extended 
to  judge  of  those  already  acknowledged  ;  unless  it 
be  for  the  special  reasons  which  I  have  just  men- 
tioned. From  these  considerations,  I  should  be 
inclined  to  vary  the  motion  for  amendment,  and 
insert  the  word  liquidated  before  domestic  debt, 
so  as  to  provide  permanent  funds  for  the  payment 
of  interest  on  the  liquidated  part  of  the  debt  only." 

February  23,  1790.  The  assumption  of  the 
State  debts  being  under  consideration,  Mr.  Sher- 
man said  if  we  can  make  provision  for  these  debts 
it  would  be  a  desirable  object  to  assume  them.  It 
will  at  the  same  time  ease  the  State  of  a  very  great 
burden,  and  put  all  ranks  of  creditors  upon  the 
same  footing,  and  this  last  will  have  the  effect  to 
prevent  speculation ;  inasmuch  as  there  will  be  but 
one  uniform  object  for  men  to  trade  in,  there  will 
be  no  difficult  variety  in  the  nature  of  stock.  But 
at  the  same  time,  I  think  the  debts  to  be  assumed 
ought  to  consist  of  those  only  which  were  in- 
curred for  the  common  or  particular  defence  dur- 
ing the  last  war,  and  not  those  debts  which  the 
State  may  have  incurred  for  the  support  of  its 
government,  the  protection  and  encouragement  of 
its  manufactures,  or  for  maintaining  and  opening 
highways,  clearing  the  obstructions  in  the  naviga- 
tion of  rivers,  or  any  other  local  purpose  under- 
taken merely  for  the  benefit  of  one  or  two  States. 

Mr.  Sherman  said,  in  reply  to  certain  objections 
by  Mr.  Stone :  "  It  appears  to  me  that  the  objec- 
tions of  the  gentleman  from  Maryland  are  not 


SERVICES  IN  CONGRESS.  235 

sufficient  to  prevent  our  adoption  of  this  proposi- 
tion. His  first  objection  is  that  it  will  give  a 
greater  degree  of  importance  to  the  general  gov- 
ernment, while  it  will  lessen  the  consequence  of 
the  State  governments.  Now,  I  do  not  believe 
that  it  will  have  that  effect.  I  consider  both 
governments  standing  on  the  broad  basis  of  the 
people.  They  were  both  constituted  by  them  for 
their  general  and  particular  good.  The  Repre- 
sentatives in  Congress  draw  their  authority  from 
the  same  source  as  the  State  legislatures;  they 
are  both  of  them  elected  by  the  people  at  large, 
the  one  to  manage  their  national  concerns,  and  the 
other  their  domestic,  which  they  find  can  be  bet- 
ter done  by  being  divided  into  lesser  communities 
than  the  whole  Union ;  but  to  effect  the  greater 
concerns  they  have  confederated  ;  therefore  every- 
thing which  strengthens  the  Federal  Government 
and  enables  it  to  answer  the  end  for  which  it  was 
instituted,  will  be  a  desirable  object  with  the  peo- 
ple. It  is  well  known  we  can  extend  our  authority 
no  further  than  to  the  bounds  the  people  have 
assigned.  If  we  possess  this  power,  doubtless  the 
people  will  send  others  to  correct  our  faults,  or, 
if  necessary,  alter  the  system;  but  we  have  every 
reason  to  believe  the  people  will  be  pleased  with  it, 
and  none  suppose  that  the  State  governments  will 
object.  They  are  the  supreme  power  within  their 
own  jurisdiction  ;  and  they  will  have  authority  over 
the  States  in  all  cases  not  given  to  the  general 
government,  notwithstanding  the  assumption  of 
the  State  debts.  If  it  was  a  question  between  two 
different  countries,  and  we  were  going  to  give  the 


236     THE  LIFE  OF  ROGER  SHERMAN. 

British  Parliament  power,  by  assuming  our  debts, 
of  levying  what  taxes  they  thought  proper,  and 
the  people  of  America  were  to  have  no  voice  in 
the  appointment  of  the  officers  who  were  to  ad- 
minister the  affairs  of  the  government,  the  experi- 
ment would  be  dangerous  to  the  country ;  but  as 
the  business  is  to  be  conducted  by  ourselves,  there 
can  be  no  ground  for  apprehension.  The  people 
of  the  United  States  are  like  masters  prescribing 
to  their  servants  the  several  branches  of  business 
they  will  each  have  to  perform.  It  might  not 
comport  with  their  interests  if  the  Federal  Gov- 
ernment was  to  interfere  with  the  government  of 
particular  States ;  while  on  the  other  hand,  it 
would  injure  their  interests  to  restrict  the  general 
government  from  performing  what  the  Federal 
Constitution  allows  them.  It  is  the  interest  of 
each  and  of  the  whole  that  they  should  be  sepa- 
rate within  their  proper  limits. 

"  Another  objection  is  that  we  are  to  pay  the 
whole  by  imposts,  and  that  this  mode  will  be  un- 
equal. I  apprehend  that  this  is  not  well  founded, 
because  the  consumers  of  the  imported  goods  get 
the  benefit  of  the  use,  and  the  consumption  is  in  a 
great  degree  proportioned  to  the  abilities  of  the 
citizens.  The  rich  man,  with  his  dependents, 
consumes  more ;  there  is  more  waste  too  in  such  a 
family  than  in  the  economy  and  frugality  of  the 
poor.  If  this  is  a  fact,  the  rich  contribute  revenue 
in  a  proportion,  and  of  consequence  the  burden  of 
the  tax  is  borne  generally  and  equally  by  those 
who  derive  benefit  from  the  late  Revolution. 

"  Another  objection  is  that  we  were  not  author- 


SERVICES  SAT  CONGRESS.  237 

ized  by  the  Constitution  to  assume  the  State  debts. 
By  the  confederation  Congress  were  authorized  to 
raise  money ;  but  not  being  able  to  effect  this  in 
an  immediate  and  direct  manner,  they  did  it  medi- 
ately through  the  intervention  of  the  State  govern- 
ments ;  so  that  in  fact  these  debts  were  to  be 
looked  upon  as  the  absolute  debts  of  the  Union ; 
however,  I  should  have  no  objection  to  qualify  the 
mode  of  expressing  our  opinion  in  such  way  as  to 
confine  the  assumption  to  those  debts  alone  which 
were  contracted  by  the  States  for  the  common  de- 
fence. Those  debts,  as  was  observed  by  the  gen- 
tleman from  Pennsylvania,  will  ultimately  be  as- 
sumed, and  it  is  as  well  to  be  charged  with  them 
in  the  first  instance,  especially  as  if  doing  so  in  the 
first  instance  will  promote  the  general  good. 

"  Another  objection  is  that  the  debts  of  the  States 
are  of  different  value.  I  take  it,  sir,  that  no  debt 
will  be  assumed  but  what  is  liquidated  and  reduced 
to  specie  value,  and  although  we  differ  in  nominal 
accounts,  a  dollar  is  everywhere  equal.  As  to  the 
inequality  of  the  market  rate,  it  may  have  been  oc- 
casioned by  some  States  not  having  made  equal 
provisions  for  their  debts  when  compared  to  the 
provisions  of  other  States ;  but  as  the  debts  are  all 
equally  meritorious,  an  equality  of  provision  ought 
to  be  made.  That  some  creditors  have  hitherto 
suffered  is  no  reason  why  they  should  continue  to 
suffer;  so  I  can  see  no  weight  in  this  objection. 
But  he  supposes  that  some  creditors  will  prefer 
holding  the  State  for  their  money  rather  than  the 
United  States ;  if  it  should  be  the  case,  it  will 
make  no  difference  on  the  final  settlement,  because 


238  THE  LIFE  OF  ROGER  SHERMAN. 

the  States  will  only  be  debited  for  that  part  of  the 
debt  which  their  creditors  had  subscribed  into  the 
general  fund.  But  I  can  see  no  good  reason  for 
supposing  that  the  creditors  of  the  States  will  re- 
fuse to  subscribe.  They  have  an  election,  it  is  true, 
but  the  terms  must  appear  to  them  so  advantage- 
ous, considering  all  things,  as  to  induce  them  to 
accept  the  plan. 

"  I  have  no  difficulty  in  my  mind  respecting  the 
assumption,  but  as  to  the  time  of  doing  it  I  am  not 
so  well  satisfied.  I  have  not  a  doubt  of  our  ability, 
because  if  the  whole  debt  must  be  paid  by  general 
efforts  of  the  State  and  general  governments,  the 
same  money  may  be  raised,  with  greater  ease,  by 
the  general  government  alone." 

April  12.     On  assuming  the  State  debts. 

Mr.  Sherman :  "  When  I  see  the  House  so 
equally  divided  on  an  important  subject,  it  gives 
me  great  concern  on  account  of  the  threatening 
aspect  it  has  on  the  peace  and  welfare  of  the 
government. 

"  The  support  of  public  credit  by  a  provision  for 
doing  justice  to  the  creditors  of  the  United  States 
was  one  great  object  that  led  to  the  establishment 
of  the  present  government;  and  should  it  fail  of 
doing  justice  to  so  great  a  proportion  of  them  as 
are  involved  in  this  provision,  it  would  lose  the 
confidence  of  many  of  its  best  friends,  and  disap- 
point the  expectations  of  the  people  in  general. 

"  I  consider  the  debts  incurred  by  the  several 
States  in  support  of  the  war,  and  for  the  common 
defence  and  general  welfare,  as  the  debts  of  the 
United  States,  and  that  those  creditors  have  as 


SERVICES  IN  CONGRESS.  239 

just  and  meritorious  a  claim  on  the  Union  for  pay- 
ment as  any  creditors  whatever.  A  great  part  of 
them  were  assumed  by  the  States  in  behalf  of  the 
United  States  in  consequence  of  the  requisitions  of 
Congress. 

"  I  shall  not  now  go  into  a  particular  discussion 
of  the  proposition  before  the  committee,  (everything 
having  been  already  said  that  may  reflect  light  on 
the  subject,)  but  shall  only  state  the  reasons  for 
which  I  shall  give  my  vote  in  the  affirmative. 

"  The  measure  appears  to  me  both  just  and  poli- 
tic ;  just  in  respect  to  the  creditors  whose  debts 
are  due  for  services  and  supplies  rendered  in  sup- 
port of  the  common  cause  of  the  Union,  which 
therefore  ought  to  be  paid  out  of  the  same  com- 
mon funds  as  the  other  creditors  of  the  United 
States,  and  although  some  of  the  States  would  be 
able  to  provide  for  their  creditors  as  well  as  the 
United  States,  yet  that  is  not  the  case  as  to  those 
whose  exertions,  sufferings,  and  burdens  have  been 
much  greater  than  the  others,  and  it  would  not 
give  satisfaction  to  assume  the  debts  of  some 
States  and  not  of  others. 

"  The  measure  will  be  just  in  respect  to  the 
several  States,  because  each  will  bear  only  its  just 
proportion  of  the  present  burden,  and  their  past 
exertions  and  expenditures  will  be  equitably  ad- 
justed in  the  final  settlements  of  their  accounts  for 
which  effectual  provision  is  to  be  made  by  some 
act  that  provides  for  the  assumption  of  the  debts. 

"  The  policy  of  the  measure  consists  in  its  ten- 
dency to  promote  justice  and  harmony  and  confi- 
dence in  the  government  in  lifting  the  burdens  of 


240  THE  LIFE   OF  ROGER  SHERMAN. 

a  number  of  States  who,  from  their  situation  and 
circumstances  during  the  war,  were  necessitated  to 
make  greater  exertions,  and  subjected  to  greater 
sufferings  and  expenditures,  than  the  other  States, 
and  by  putting  all  the  funds  necessary  for  paying 
the  debts  under  one  direction,  to  facilitate  the  col- 
lection and  render  them  more  productive  and  less 
embarrassing  to  Congress.  The  principal  resource 
for  pay  (the  impost)  is  in  possession  of  the  general 
government. 

"  But  if  the  State  debts  are  not  assumed,  the 
States  which  have  heretofore  borne  the  greatest 
burdens  will  be  left  still  to  sustain  those  unequal 
and  grievous  burdens,  or  their  creditors  will  be  left 
without  any  provisions  for  satisfying  their  claim, 
either  of  which  would  be  unreasonable  and  occa- 
sion great  uneasiness,  which  will  tend  to  embarrass 
and  obstruct  the  measures  of  government. 

"  It  has  been  said,  let  those  States  wait  until  their 
accounts  with  the  United  States  shall  be  settled, 
and  then  receive  security  for  the  balances  that 
maybe  due  to  them.  But  why  should  those  States 
be  subjected  to  greater  burdens  at  present  than  the 
other  States  ?  As  it  is  not  known  which  are  debtor 
or  creditor  States,  why  not  bear  the  burden 
equally  until  that  can  be  ascertained  ?  If  there  is 
to  be  no  settlement,  I  think  it  is  a  conclusive  argu- 
ment that  the  whole  public  debt  should  be  assumed 
by  the  United  States.  It  ought  to  be  presumed 
that  the  States  have  made  exertions  according  to 
their  abilities  and  in  due  proportion,  until  the  con- 
trary appears,  and  that  can  no  otherwise  appear 
but  by  a  settlement  of  the  accounts ;  and  until  that 


SERVICES  IN  CONGRESS.  241 

is  done  I  can  see  no  good  reason  why  any  State 
should  bear  more  than  its  just  proportion  of  the 
existing  debts,  whether  contracted  by  the  United 
States,  or  by  the  individual  States,  if  incurred  for 
the  common  defence  or  general  welfare  of  the 
Union.  It  is  said  there  is  no  rule  to  establish 
or  ascertain  the  quotas  of  the  several  States ;  but 
I  think  the  rule  is  fixed  by  the  resolution  of  the 
late  Congress  of  the  22d  of  November,  1777,  and 
the  other  of  June  1778,  and  the  provision  in  the 
new  Constitution  for  apportioning  direct  taxes." 

Vote  on  the  assumption,  29  for,  31  against. 

On  the  2ist  of  April,  Mr.  Sherman  suggested 
the  assumption  of  certain  specific  sums  for  each 
State ;  and  being  called  upon  to  ascertain  in  what 
proportion  he  meant  to  fill  up  the  blanks,  he  read 
the  following  as  a  statement  of  the  debts  owing  by 
the  States,  and  the  proportion  he  wanted  to  have 
assumed. 

Assumption  of  the  State  Debts,  not  exceeding  the  sums 
in  the  last  column,  Due  as  per  Secretary's  Report. 

Sums  to  be  assumed.  Dollars. 

New  Hampshire    ....        300,000     .     .     .  300,000 

Massachusetts      ....     5,226,801     .     .     .  4,000,000 

Connecticut 1,951,173     .     .     .  1,600,000 

New  York 1,167,575     .     .     .  1,000,000 

New  Jersey 788,680     .     .     .  750,000 

Pennsylvania 2,200,000     .     .     .  2,000,000 

Delaware 100,000 

Maryland 800,000     .     .     .  750,000 

Virginia 3,600,743     .     .     .  3,000,000 

North  Carolina 1,600,000 

South  Carolina     ....     5,386,232     .     .     .  4,000,000 

Georgia 200,000 

§19,300,000 
16 


242  THE  LIFE   OF  ROGER  SHERMAN. 

The  bill  as  finally  passed,  Aug.  4,  1 790,  provided 
for  the  assumption  of  the  State  debts  as  follows. 

New  Hampshire 300,00x3 

Massachusetts 4,000,000 

Rhode  Island 200,000 

New  York 1,200,000 

Connecticut 1,600,000 

New  Jersey 800,000 

Pennsylvania 2,200,000 

Delaware 200,000 

Maryland 800,000 

Virginia       3,500,000 

North  Carolina 2,400,000 

South  Carolina 4,000,000 

Georgia 300,000 

$21,500,000 

Tuesday,  May  25.  Mr.  Gerry's  motion  on  the 
assumption  of  the  State  debts  being  under  con- 
sideration, Mr.  Sherman  summed  up  the  argument 
as  follows :  "  The  question  now  under  consideration 
is,  whether  the  State  debts  that  have  been  con- 
tracted for  the  benefit  of  the  Union  shall  be  as- 
sumed by  the  United  States.  This  is  an  essential 
part  of  the  system  reported  by  the  Secretary  of 
the  Treasury  for  funding  the  national  debt.  The 
substance  of  the  arguments  in  favor  of  the  assump- 
tion are :  — 

"  I.  That  the  debts  were  contracted  on  behalf 
and  for  the  benefit  of  the  United  States  and  there- 
fore justice  requires  that  they  should  be  assumed. 

"  2.  That  some  States  have  taken  upon  them- 
selves greater  sums  than  others,  and  beyond  their 
just  proportions  or  abilities  to  pay. 

"  3.  That  the  funds  out   of  which  these    debts 


SERVICES  IN  CONGRESS.  243 

ought  to  be  paid,  are  by  the  Constitution  put  un- 
der the  direction  of  the  Federal  Government;  and 
this  has  been  done  by  the  authority  of  the  people 
since  the  debts  were  contracted,  and  for  the  ex- 
press purpose  of  paying  the  debts  of  the  United 
States,  of  which  these  are  a  part,  and  therefore 
ought  to  follow  the  funds. 

"  4.  That  the  imposts  and  excises,  so  far  as  ex- 
cises may  be  necessary,  can  be  best  managed 
under  one  direction. 

"  5.  That  equal  justice  ought  to  be  done  to  all 
the  creditors,  but  this  cannot  be  done  by  the  in- 
dividual States,  some  of  them  being  unable  to 
make  the  necessary  provision,  they  being  bur- 
dened beyond  their  quota,  and  deprived  of  their 
former  revenues. 

"  6.  That  the  measure  is  founded  in  good  policy, 
as  well  as  justice,  as  it  will  promote  harmony  among 
the  different  classes  of  creditors,  and  among  the 
several  States,  and  attach  them  to  the  govern- 
ment and  facilitate  its  operations. 

"  I  shall  now  take  notice  of  some  of  the  principal 
objections. 

"i.  It  is  said  that  the  accounts  of  the  several 
States  with  the  United  States  ought  to  be  settled. 
I  agree  that  no  payment  ought  to  be  made  to  the 
States  until  their  accounts  are  settled.  But  that 
ought  not  to  affect  the  rights  of  individuals,  who 
have  liquidated  claims  for  services  or  supplies  ren- 
dered for  the  benefit  of  the  Union,  whether  the 
contract  was  made  with  a  member,  or  an  officer 
of  the  United  States.  It  is  not  in  the  power  of 
these  creditors  to  compel  a  settlement,  nor  ought 


244  THE  LIFE    OF  ROGER  SHERMAN. 

their  claims  to  be  postponed  or  affected  for  want  of 
such  settlement ;  but  such  of  the  securities  as  may 
be  the  property  of  a  State  are  on  a  different  footing. 

"  2.  It  is  objected  that  when  the  States  took  the 
debts  on  themselves,  they  expected  to  pay  them. 
This  cannot  be  admitted  without  some  explana- 
tion :  by  the  confederation  all  charges  of  war,  &c. 
incurred  for  the  common  defence  and  general  wel- 
fare, were  to  be  paid  out  of  a  common  treasury, 
which  was  to  be  supplied  by  the  several  States, 
paying  in  their  respective  quotas,  and  a  final  ad- 
justment of  the  accounts  was  to  be  made ;  and 
the  individual  States  expected  that  all  the  sources 
of  revenue  would  remain  in  their  hands,  out  of 
which  they  expected  to  pay  their  quotas  of  all  the 
debts  and  expenses  of  the  Union :  but  by  a  revo- 
lution in  government,  the  revenues  are  put  under 
the  power  of  the  Federal  Government,  for  the  ex- 
press purpose  of  paying  the  debts,  so  that  the 
mode  of  payment  is  materially  altered,  and  the 
obligation  transferred  from  the  individual  States 
to  the  United  States. 

"3.  It  is  objected  that  this  is  a  new  project  — 
and  not  mentioned  in  the  Constitution.     The  nov- 
elty of  it  is  no  just  objection  against  adopting  it  — 
if  the  measure  be  just.     It  was  mentioned  in  the 
general  convention  —  but  it  was  not  thought  neces- 
sary or  proper  to  insert  it  in  the  Constitution,  for 
Congress  would  have  sufficient  power  to  adopt  it 
if  they  should  judge  it  expedient. 

"  4.  It  is  said  that  the  States  most  urgent  for  this 
measure  are  not  incapacitated  by  adopting  the 
new  Constitution  for  paying  their  debts. 


SERVICES  IN  CONGRESS.  245 

"  Answer.  The  States  most  burdened  with  debts, 
and  the  only  ones  who  expected  to  have  sums 
greater  than  their  quotas  assumed,  are  Massachu- 
setts and  South  Carolina;  and  these  depended 
chiefly  on  impost,  of  which  they  are  now  wholly 
deprived. 

"  Connecticut  does  not  wish  or  expect  to  have 
more  of  her  debt  assumed,  than  her  just  quota  of 
the  whole  sum  to  be  assumed,  so  that  no  other 
State  will  bear  any  greater  burden  on  her  account. 

"  The  debt  of  New  Hampshire  will  not  amount 
to  half  the  sum  of  her  quota  of  the  debts  proposed 
to  be  assumed,  but  she  has  been  in  favor  of  the 
measure  on  principles  of  justice  and  national  policy. 

"  But  a  very  fallacious  argument  has  been  ad- 
vanced respecting  the  ratio  in  which  some  States 
contribute  to  the  common  funds  by  way  of  im- 
posts ;  and  it  comes  with  a  very  ill  grace  from 
the  gentleman  who  advanced  it,  because  it  is  so 
fully  refuted  by  the  report  of  a  committee  of  the 
late  Congress,  of  which  committee  he  was  a  mem- 
ber. It  appears  on  the  Journal  of  the  2Qth  April, 
1783,  page  203,  whereby  it  is  shown  that  the  sev- 
eral States  contribute  by  a  general  impost,  in  pro- 
portion to  the  number  of  their  inhabitants,  whether 
the  articles  are  imported,  and  the  duties  paid,  in 
the  State  in  which  they  are  consumed  or  not, 
as  the  tax  is  ultimately  paid  by  the  consumers. 
[Here  a  part  of  the  Journal  was  read.] 

"5.  It  is  objected  that  it  will  be  difficult  to  dis- 
criminate the  State  debts  contracted  for  the  Union, 
from  their  other  debts.  But  what  necessity  is  there 
for  such  a  discrimination,  if  only  certain  sums  are 


246  THE  LIFE   OF  ROGER  SHERMAN. 

assumed,  and  the  States  charged  with  them  ?  The 
whole  will  be  adjusted  among  the  States  on  the 
settlement  of  their  accounts ;  besides,  their  debts 
for  other  purposes  are  inconsiderable. 

"  6.  Objection  :  if  only  part  of  the  State  debts  be 
assumed,  equal  justice  will  not  be  done  to  all  the 
creditors. 

"  Answer.  The  small  sums  that  will  remain  of 
the  debts  of  any  of  the  States  can,  and  doubtless 
will,  be  as  well  provided  for  by  the  respective 
States  as  those  assumed  will  by  the  United  States. 

"  It  is  proposed  to  assume  the  whole  of  the  debts 
of  the  States  of  New  Hampshire,  New  York,  New 
Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia, 
and  Georgia ;  and  the  small  sums  that  will  remain 
of  the  debts  of  Massachusetts,  Connecticut,  North 
Carolina,  and  South  Carolina  can  easily  be  pro- 
vided for  by  those  States. 

"  7.  It  has  been  objected  that  Virginia  has  made 
greater  exertions  in  complying  with  the  specie  re- 
quisitions of  Congress,  and  in  sinking  a  consider- 
able part  of  the  principal  of  her  debts,  since  the 
peace,  and  therefore  it  would  be  inequitable  to  in- 
crease her  burden  by  assuming  the  debts  of  other 
States  which  have  not  made  like  exertions. 

"  The  answer  is,  that  it  is  not  proposed  to  lay 
any  additional  burden  on  that  State.  The  amount 
of  the  State  debts  to  be  assumed  will  not  exceed 
$23,000,000;  the  debt  of  Virginia  to  be  assumed 
amounts  to  $3,681,000,  which  is  something  more 
than  that  State's  quota  of  the  whole  sum  to  be  as- 
sumed, in  proportion  to  its  number  of  representa- 
tives ;  so  that  the  interest  of  Virginia  would  be  no 


SERVICES  IN  CONGRESS.  247 

otherwise  affected  by  the  assumption  than  by  trans- 
ferring its  debt  from  its  particular  fund  to  the  com- 
mon funds.  It  is  also  proposed  to  assume  of  the 
debts  of  Connecticut  and  North  Carolina  the  just 
amount  of  their  respective  quotas  of  the  whole 
sum  proposed  to  be  assumed. 

"  8.  It  is  objected,  that  the  debts  of  Georgia  are 
not  on  interest  If  anything  to  the  purpose  can  be 
inferred  from  this  objection,  it  is  in  favor  of  the 
assumption ;  for,  if  the  debts  are  just,  they  ought 
immediately  to  be  paid,  or  put  on  interest. 

"  9.  It  is  objected  that  the  debt  of  the  United 
States  will  be  so  increased  by  the  assumption  of 
the  State  debts,  as  to  make  direct  taxes  or  excises 
necessary  to  be  laid  by  Congress,  which  would  be 
odious  to  the  people. 

"  Answer.  The  assumption  of  the  State  debts  is 
a  part  of  the  plan  reported  by  the  Secretary  of  the 
Treasury.  —  He  does  not  propose  direct  taxes,  nor 
excises,  further  than  those  that  have  already  been 
adopted  by  the  House  —  and  J  think  some  reliance 
ought  to  be  had  on  the  opinion  of  the  officer  whom 
government  have  placed  at  the  head  of  the  depart- 
ment of  finance. 

"  The  whole  of  the  debts  must  be  paid  by  the 
citizens  of  the  United  States ;  they  do  now  exist, 
and  government  is  under  obligation  to  do  justice 
to  all  creditors.  The  people  have  put  all  the 
sources  of  revenue  in  the  power  of  Congress,  for 
that  purpose,  and  will  doubtless  be  satisfied  with 
their  administration  of  them.  The  resources  of  the 
nation  will  be  abundantly  sufficient,  if  prudently 
managed,  to  pay  the  annual  interest  of  the  debt 


248  THE  LIFE   OF  ROGER  SHERMAN. 

and  gradually  to  discharge  the  principal  within  a 
reasonable  time.  The  western  territory,  if  properly 
disposed  of,  will  sink  a  considerable  part  of  the 
national  debt.  It  was  observed  that  excises  are 
the  most  expensive  taxes  to  collect ;  but  Dr.  Smith, 
on  the  Wealth  of  Nations,  says,  that  in  Britain  the 
collection  of  excises  costs  at  the  rate  of  but  five  per 
cent,  but  that  imposts  at  the  rate  of  ten  per  cent ; 
this  is  according  to  my  best  recollection.  I  have 
not  the  book  now  before  me. 

"  10.  It  is  objected,  that  the  securities  will  prob- 
ably centre  in  large  towns,  or  get  into  the  hands 
of  foreigners.  —  I  think  it  is  probable  that  the  se- 
curities will  centre  in  the  hands  of  such  citizens  in 
the  several  States  as  shall  choose  to  live  on  the 
interest  of  their  capital,  and  in  the  hands  of  cor- 
porate bodies  instituted  to  promote  science  and 
other  useful  purposes ;  but  the  securities  will  not 
get  out  of  the  possession  of  the  original  owners 
without  their  consent,  nor  (if  well  funded)  will 
they  be  induced  to  -  part  with  them  for  less  than 
their  just  value,  and  it  is  reasonable  that  they 
should  be  left  at  liberty  to  dispose  of  their  own 
property. 

"11.  It  is  objected,  that  funds  are  not  to  be 
provided  for  the  State  debts  this  session,  and  we 
do  not  know  what  may  be  the  opinions  of  our 
successors. 

"  Answer.  The  provision  is  proposed  to  be  made 
by  the  present  Congress  at  their  next  session. 

"  12.  Objection:  the  House  are  divided  in  senti- 
ment, and  it  will  be  safer  to  negative  the  proposi- 
tion than  to  adopt  it  by  a  small  majority.  —  It 


SERVICES  IN  CONGRESS.  249 

appears  to  me  that  the  greatest  safety  will  be  on 
the  other  side.  There  is  no  dispute  about  the  jus- 
tice of  the  claims  of  the  creditors,  the  only  point 
in  dispute  is,  which  would  be  the  most  expedient 
mode  of  payment,  and  which  would  be  most  agree- 
able to  the  public  opinion.  My  reasons  for  sup- 
posing that  it  will  be  safer  to  adopt  a  measure  by 
a  small  majority  than  to  negative  it,  is,  because 
people  are  more  influenced  by  their  feelings  than 
by  speculative  reasonings,  or  nice  calculations.  If 
the  debts  are  assumed,  what  inconveniences  will 
the  people  feel  from  it?  And,  if  they  reason  upon 
it,  they  will  find  that  no  injustice  will  ultimately 
take  place,  but  all  will  be  set  right  by  a  liquidation 
of  the  accounts.  But  if  the  State  debts  are  not  as- 
sumed and  the  creditors  are  not  provided  for  by 
the  States,  or  if  the  States  are  subjected  to  heavy 
direct  taxes  in  making  the  provision,  these  evils 
will  be  severely  felt,  and  must  create  uneasiness 
and  complaints  which  may  prove  very  prejudicial 
to  the  administration  of  government. 

"  13.  It  is  said  that  'several  of  the  legislatures 
have  lately  been  in  session  and  have  not  applied  to 
Congress  or  instructed  their  representatives  to  ob- 
tain an  assumption  of  the  State  debts.' 

"  I  think  their  opinions  cannot  be  inferred  from 
their  silence  on  the  subject.  —  In  matters  that 
concern  only  the  particular  interest  of  a  State,  the 
State  may  properly  instruct  their  representatives, 
who  in  such  case  would  act  only  as  agents  for 
the  State  :  but  in  matters  which  concern  the  Union 
in  general,  such  interference  might  be  of  dangerous 
tendency ;  for  all  the  members  ought  to  b,  e  at  per- 


250  THE  LIFE   OF  ROGER  SHERMAN. 

feet  liberty  to  act  their  best  and  unbiased  judg- 
ment upon  public  measures,  according  to  the  light 
and  information  that  may  be  obtained  by  a  public 
discussion  of  them  in  the  House,  which  may  not 
be  known  to  the  legislatures  of  the  particular 
States.  I  have  endeavored  briefly  to  give  the 
reasons  which  have  induced  me  to  be  in  favor  of 
this  measure,  and  to  obviate  the  objections  that 
have  been  made  to  it,  which  I  submit  to  the  opin- 
ion of  the  committee,  without  troubling  them  with 
any  observations." 

The  bill  providing  for  the  assumption  of  the 
State  debts,  notwithstanding  the  strenuous  opposi- 
tion of  Mr.  Madison,  was  finally  carried  by  a  com- 
promise arrangement,  by  which  the  permanent 
seat  of  government  was  to  be  fixed  on  the  Potomac, 
in  consideration  of  enough  southern  votes  being 
secured  to  pass  the  bill  for  assuming  the  State 
debts.  Mr.  Sherman  voted  against  the  Potomac 
site. 


PART  IV.  — THE  SLAVE  TRADE. 

On  the  nth  of  February,  1790,  an  address  was 
presented  from  the  Quakers  of  Pennsylvania,  New 
Jersey,  Delaware,  and  the  western  part  of  Mary- 
land and  Virginia,  on  the  "  licentious  wickedness 
of  the  African  trade  for  slaves."  A  similar  ad- 
dress was  presented  from  the  Society  of  Friends 
of  the  City  of  New  York. 

Mr.  Sherman  suggested  a  reference  to  a  com- 
mittee of  one  member  from  each  State,  because 


SERVICES  IN  CONGRESS.  251 

several  States  had  already  made  some  regulations 
on  the  subject. 

This  was  objected  to  principally  by  the  repre- 
sentatives from  South  Carolina  and  Georgia. 

Mr.  Sherman  then  observed  that  the  petitioners 
from  New  York  stated  that  they  had  applied  to 
the  legislature  of  that  State  to  prohibit  certain 
practices  which  they  considered  to  be  improper, 
and  which  tended  to  injure  the  wellbeing  of  the 
community;  that  the  legislature  had  considered 
their  application,  but  had  applied  no  remedy,  be- 
cause they  supposed  that  power  was  exclusively 
vested  in  the  general  government  under  the  Con- 
stitution of  the  United  States ;  it  would  therefore 
be  proper  to  commit  that  petition,  in  order  to  as- 
certain what  are  the  powers  of  the  general  govern- 
ment in  the  case. 

The  next  day,  February  I2th,  a  memorial  of 
the  Pennsylvania  Anti-Slavery  Society,  signed  by 
Benjamin  Franklin  as  President,  was  presented, 
asking  Congress  to  devise  means  for  the  abolition 
of  slavery.  This  called  forth  an  exciting  debate, 
in  which  the  advocates  of  slavery,  though  opposed 
by  such  men  as  Madison  and  Parker  from  Virginia, 
as  well  as  by  the  northern  representatives,  made 
up  in  violence  and  denunciation  what  they  lacked 
in  numbers.  They  attacked  the  motives  of  their 
opponents,  and  claimed  that  the  Bible  and  the 
universal  practice  of  mankind  were  on  their  side. 

Mr.  Sherman  endeavored  to  calm  the  agitation 
by  saying  that  he  could  see  no  difficulty  in  com- 
mitting the  memorial ;  because  it  was  probable 
the  committee  would  understand  their  business, 


252  THE  LIFE   OF  ROGER  SHERMAN. 

and  perhaps  they  might  bring  in  such  a  report  as 
would  be  satisfactory  to  gentlemen  on  both  sides 
of  the  House. 

Finally,  on  the  I5th  of  February,  it  was  voted 
by  forty-three  to  fourteen  that  the  petitions  should 
be  sent  to  a  committee. 

On  the  8th  of  March,  this  committee  made  their 
report,  in  which,  after  setting  forth  the  Constitu- 
tional restrictions  on  the  subject,  they  stated  that 
Congress  had  authority  to  interdict  the  African 
trade,  so  far  as  it  is  or  may  be  carried  on  by  citi- 
zens of  the  United  States  for  supplying  foreigners, 
and  to  make  provisions  for  the  humane  treatment 
of  slaves  in  all  cases  while  on  their  passage  to  the 
United  States,  or  to  foreign  parts,  so  far  as  it  re- 
spects citizens  of  the  United  States.  The  House, 
in  committee  of  the  whole,  adopted  this  report  in 
substance. 

March  9th,  it  was  moved  that  the  report  of  the 
committee  be  recommitted.  Mr.  Sherman  op- 
posed this  motion.  He  said  that  this  report  was 
agreeable  to  his  ideas ;  it  was  prudent,  humane, 
and  judicious. 

After  considerable  debate,  on  March  23d,  it 
was  voted  by  twenty-nine  to  twenty-five  that  the 
report  of  the  committee,  and  also  the  report  of  the 
committee  of  the  whole,  be  inserted  in  the  Journal. 

The  second  session  of  Congress  adjourned  on 
the  1 2th  of  August,  1790. 

Mr.  Sherman's  desire  for  the  abolition  of  slavery 
is  expressed  in  a  letter  to  Gov.  Huntington,  March 
7,  1792,  where,  referring  to  the  massacres  resulting 
from  the  negro  revolt  in  Hayti,  he  writes,  —  "  This 


SERVICES  IN  CONGRESS  253 

shows  the  bad  effects  of  slavery,  and  I  hope  it  will 
tend  to  its  abolition." 

Mr.  Sherman's  brother  Josiah  died  in  1789. 
The  widow  wrote  to  some  of  her  friends  to  see 
what  assistance  could  be  obtained  to  enable  her 
son  Roger  Minott  Sherman  to  continue  his  studies 
at  Yale.  It  was  apparently  in  response  to  this 
appeal  that  Mr.  Sherman  wrote  the  following 
letter  to  his  nephew. 

NEW  YORK,  April  28,  1790. 

DEAR  NEPHEW,  —  I  would  have  you  continue 
your  studies  and  remain  at  my  house  as  you  have 
done  hitherto.  I  hope  you  will  be  provided  for 
so  as  to  complete  your  education  at  College,  and 
lay  a  foundation  for  future  usefulness.  When  I 
return  home  I  shall  take  such  further  order  re- 
specting it  as  may  be  proper.  I  shall  afford  you 
as  much  assistance  as  under  my  circumstances 
may  be  prudent. 

I  am  your  affectionate  uncle 

ROGER  SHERMAN. 

Mr.  Sherman  died  a  year  after  his  nephew  grad- 
uated; but  before  he  died  he  doubtless  saw  the 
promise  of  that  distinguished  career,  which  added 
new  lustre  to  the  Sherman  name.  Senator  Hoar 
has  sent  me  the  following  interesting  statements  in 
reference  to  this  eminent  lawyer. 

"  Roger  Minott  Sherman,  son  of  Mr.  Sherman's 
brother  Josiah,  was  born  in  Woburn,  Mass.,  May 
22>  r773-  Mr.  Sherman  was  much  attached  to 
him  and  defrayed  the  cost  of  his  education.  He 


254  THE  LIFE   OF  ROGER  SHERMAN. 

was  an  inmate  of  Mr.  Sherman's  family  while  a 
student  at  Yale  College.  He  was  graduated  in  the 
year  1792.  He  was  one  of  the  ablest  lawyers  and 
advocates  New  England  ever  produced,  probably 
having  no  equal  at  the  bar  of  New  England  except 
Jeremiah  Mason  and  Daniel  Webster.  I  attended 
a  dinner  of  the  Alumni  of  Yale  College  some  years 
ago.  President  Woolsey  sat  on  one  side  of  me, 
and  Dr.  Leonard  Bacon  on  the  other;  and  right 
opposite  at  the  table  was  the  Rev.  Dr.  Atwater, 
then  I  believe  of  Princeton,  but  formerly  Mr. 
Sherman's  pastor  in  Fairfield.  President  Woolsey 
said  that  Roger  Minott  Sherman  came  nearer  his 
conception  of  Cicero  than  any  other  person  he 
ever  heard  speak.  They  used  frequently  to  invite 
him  to  deliver  public  addresses  at  the  College. 
But  he  never  would  accept  the  invitation.  After 
refusal,  the  invitation  would  be  renewed  again  in 
a  few  years  with  like  result. 

"To  the  above  estimate  of  Mr.  Sherman,  Dr. 
Bacon  and  Mr.  Atwater  agreed. 

"  When  I  was  in  the  Law  School  at  Harvard, 
Prof.  Simon  Greenleaf  told  the  class  in  one  of  his 
lectures  that  he  was  once  travelling  through  Con- 
necticut in  a  carriage  on  a  summer  journey,  and 
came  to  a  town,  I  think  Fairfield,  which  was  the 
county  seat.  He  stopped  to  get  his  dinner  and 
rest  his  horses.  While  the  horses  were  being  fed 
he  went  into  the  court-house,  intending  to  stay  only 
a  few  minutes,  and  found  Roger  Minott  Sherman 
arguing  a  case  before  the  Supreme  Court  with 
Judge  Gould  on  the  other  side.  He  was  so  much 
interested  in  the  discussion  that  he  stayed  through 


SERVICES  IN  CONGRESS.  255 

the  afternoon.  Mr.  Sherman  and  Judge  Gould 
were  engaged  on  opposite  sides  in  nearly  all  the 
cases.  Prof.  Greenleaf  was  so  much  interested  in 
their  masterly  arguments  that  he  remained  and 
attended  court  during  the  entire  week.  I  do  not 
remember  his  exact  language,  but  he,  in  substance, 
gave  an  estimate  of  Mr.  Sherman  as  a  profound 
lawyer  and  able  advocate,  not  less  exalted  than 
President  Woolsey  had  given  of  him  as  an  orator. 

"  Some  slight  account  of  Roger  Minott  Sherman 
will  be  found  in  Goodrich's  Recollections. 

"  Mr.  Evarts  once  told  me  that  there  was  an 
important  controversy  involving  the  title  to  a  val- 
uable cargo  in  which  a  lawyer  in  Hartford  was  on 
one  side,  and  a  member  of  the  bar  of  the  city  of 
New  York  on  the  other.  The  New  York  lawyer 
went  to  Hartford  to  negotiate  about  the  case.  The 
Hartford  lawyer  had  obtained  the  opinion  of  Roger 
Minott  Sherman  for  his  client  and  held  it  in  his 
hand  during  the  conversation,  labeled  on  the  out- 
side, "  Opinion  of  Roger  Minott  Sherman,"  and 
moved  it  about  under  the  eye  of  his  opponent. 
The  opinion  was  in  fact  that  the  Hartford  man's 
client  had  no  case.  But  the  New  York  lawyer 
supposed  that  if  the  man  had  got  Roger  Minott 
Sherman's  opinion,  and  seemed  to  set  so  much 
store  upon  the  document,  it  was  favorable  to  the 
party  who  had  consulted  him.  He  was  much 
alarmed  and  settled  the  case  on  favorable  terms  to 
his  antagonist. 

"  Mr.  Sherman  was  famous  for  the  quickness  of 
his  wit.  A  story  went  the  rounds  of  the  papers  in 
my  youth,  which  may  or  may  not  have  any  truth 


256  THE  LIFE   OF  ROGER  SHERMAN. 

in  it,  but  which  I  will  record.  It  is  said  that  he 
was  once  arguing  a  case  against  Nathaniel  Smith, 
a  very  able  but  rather  coarse  lawyer.  Mr.  Smith 
had  discussed  the  question  of  law  with  the  subtlety 
for  which  he  was  distinguished.  Mr.  Sherman 
said  to  the  court  that  he  thought  his  brother 
Smith's  metaphysics  were  out  of  place  in  that  dis- 
cussion ;  that  he  was  not  adverse  to  such  refine- 
ment at  a  proper  time,  and  would  willingly,  on  a  fit 
occasion,  chop  logic  and  split  hairs  with  him. 
Smith  pulled  a  hair  out  of  his  own  head,  and  hold- 
ing- it  up,  said,  —  '  Split  that.'  Sherman  replied, 
quick  as  lightning,  '  May  it  please  your  honor,  I 
did  n't  say  bristles.'  " 

The  following  is  the  passage  from  L.  G.  Good- 
rich's  "  Recollections  of  a  Lifetime,"  referred  to  by- 
Senator  Hoar  (Vol.  I.  p.  47). 

"  Roger  Minot  Sherman  was  distinguished  for 
acute  logical  powers  and  great  elegance  of  diction, 
—  words  and  sentences  seemed  to  flow  from  his 
lips  as  if  he  wrere  reading  from  the  Spectator.  He 
was  a  man  of  refined  personal  appearance  and 
manners ;  tall,  stooping  a  little  in  his  walk ;  de- 
liberate in  his  movements  and  speech,  indicating 
circumspection,  which  was  one  of  his  characteris- 
tics. His  countenance  was  pale  and  thoughtful, 
his  eye  remarkable  for  a  keen  penetrating  expres- 
sion. Though  a  man  of  grave  general  aspect,  he 
was  not  destitute  of  humor.  He  was  once  travel- 
ling in  West  Virginia, 'and  stopping  at  a  small 
tavern,  was  beset  with  questions  by  the  landlord, 
as  to  where  he  came  from,  whither  he  was  going, 
etc.  At  last  said  Mr.  Sherman,  '  Sit  down,  sir, 


SERVICES  IN  CONGRESS.  2 57 

and  I  will  tell  you  all  about  it.'  The  landlord  sat 
down.  '  Sir,'  said  he,  '  I  am  from  the  Blue  Light 
State  of  Connecticut.'  The  landlord  stared.  '  I 
am  a  deacon  in  a  Calvinistic  church.'  The  land- 
lord was  evidently  shocked.  '  I  was  a  member  of 
the  Hartford  Convention.'  This  was  too  much  for 
the  democratic  nerves  of  the  landlord ;  he  speedily 
departed,  and  left  his  lodger  to  himself." 


PART  V.  —  NATIONAL  BANK. 
THIRD  SESSION.  —  Dec.  6,  i /go-March  3,  1791. 

The  third  session  of  Congress  began  December 
6,  1790.  On  the  3d  of  January,  1791,  Mr. 
Sherman  wrote  the  following  letter  to  Governor 
Huntington,  giving  him  an  account  of  the  matters 
pending  before  Congress. 

PHILADELPHIA,  Jan.  3rd,  1791. 

SIR, — There  are  diverse  weighty  matters  before 
Congress  to  be  considered  and  acted  upon  this 
session ;  such  as  making  further  provisions  for  pay- 
ing the  interest  of  the  national  debt;  establishing  a 
National  Bank;  a  Land  Office;  a  Mint;  weights 
and  measures;  regulating  the  Militia;  the  Post 
Office;  the  coasting  trade;  the  election  of  Presi- 
dent; and  to  provide  in  case  of  vacancy  of  the 
offices  both  of  President  and  Vice  President ;  some 
further  provisions  in  the  judiciary  department  as  to 
fees,  process  and  execution,  and  some  regulations 

17 


258  THE  LIFE   OF  ROGER  SHERMAN. 

respecting  commercial  affairs.  These  have  been 
already  entered  upon.  Others  may  occur,  besides 
applications  from  private  persons.  There  have 
been  several  petitions  preferred  from  public  credi- 
tors for  a  greater  allowance  of  interest  than  is  pro- 
vided by  the  Act  providing  for  the  public  debt, 
on  which  the  Senate  have  resolved  that  it  is  inex- 
pedient to  make  any  alteration,  in  which  all  con- 
curred except  one.  I  believe  the  House  will 
concur  in  the  same  sentiment  by  a  great  majority. 

I  hope  Congress  will  be  able  to  finish  the  busi- 
ness by  the  first  of  March  next,  so  as  not  to  call  a 
meeting  under  the  new  election. 

Our  loss  of  brave  officers  and  men  in  the  late 
western  expedition  is  great,  and  much  to  be 
lamented.  No  authentic  accounts  of  the  particular 
circumstances  of  the  action  have  been  received, 
further  than  what  was  at  first  transmitted  by 
General  Harmar,  which  your  Excellency  has 
doubtless  seen  in  the  newspapers.  The  enclosed 
paper  of  Dec.  22  contains  the  Secretary's  plan 
of  a  Bank.  That  of  Dec.  27,  the  supplementary 
funds  for  which  a  bill  is  prepared  and  brought  in. 
That  of  the  first  of  January  contains  the  copy  of  a 
letter  from  London  of  the  4th  of  Nov.  giving  an 
account  of  a  pacification  between  Britain  and 
Spain. 

Your  Excellency  will  be  furnished  with  the  acts 
of  Congress  by  the  Secretary  of  State.  There  has 
been  but  one  law  completed  this  session,  and  that 
is  only  a  short  one  to  supply  a  deficiency  in  one  of 
the  last  session. 

The  weather  has  been  very  cold  here.     Teams 


SERVICES  IN  CONGRESS.  259 

pass  the  Delaware  on  the  ice  opposite  to  this  City, 
and  there  is  snow  sufficient  for  good  sleighing  in 
the  country.  The  market  is  good  and  plentiful. 

The  House  provided  here  for  the  accommoda- 
tion of  Congress  is  quite  as  convenient  as  that  at  N. 
York.  The  galleries  are  not  quite  so  commodious. 

I  am  Sir  with  much  respect  your  Excellency's 
obedient  humble  servant, 

ROGER  SHERMAN. 

The  most  important  matter  discussed  in  this 
short  session  of  three  months  was  the  bill  for  a 
National  Bank.  Although  no  speeches  were  made 
by  Mr.  Sherman  on  this  subject,  so  far  as  the  re- 
cord shows,  he  gave  the  bill  his  hearty  support. 
In  the  course  of  the  debate  he  wrote  on  a  slip  of 
paper  a  statement  of  his  views  on  the  subject, 
which  he  handed  to  Mr.  Madison ;  and  Mr. 
Madison,  in  a  note  at  the  bottom,  indicated  his 
objections.  This  interesting  document,  which  came 
from  Mr.  Madison's  papers,  in  which  the  argu- 
ments on  both  sides  of  this  important  question  are 
given  in  a  nut-shell,  is  in  the  possession  of  Hon. 
G.  F.  Hoar.  The  following  is  a  copy. 

"  You  will  admit  that  Congress  have  power  to 
provide  by  law  for  raising,  depositing  and  apply- 
ing money  for   the   purposes   enumerated    in   the 
Constitution 
X  (and  generally  of  regulating  the  finances). 

"  That  they  have  power  so  far  as  no  particular 
rules  are  pointed  out  in  the  Constitution  to  make 
such  rules  and  regulations  as  they  may  judge  ne- 


26O  THE  LIFE   OF  ROGER  SHERMAN. 

cessary  and  proper  to  effect  these  purposes.  The 
only  question  that  remains  is  —  Is  a  bank  [a  neces- 
sary and]  a  proper  measure  for  effecting  these  pur- 
poses? And  is  not  this  a  question  of  expediency 
rather  than  of  right? 

"Feb.  4,  1791.  This  handed  to  J.  M.  by  Mr. 
Sherman  during  the  debate  on  the  constitutionality 
of  the  bill  for  a  National  Bank.  The  line  marked 
X  given  up  by  him  on  the  objection  of  J.  M.  The 
interlineation  of  '  a  necessary  & '  by  J.  M.  to 
which  he  gave  no  answer  other  than  a  smile." 

The  following  letter,  of  Feb.  nth,  1791,  from 
Mr.  Sherman  to  William  Williams,  is  of  a  more 
personal  and  confidential  character  than  most  of 
his  correspondence. 

PHILADELPHIA,  Feb.  nth,  1791. 

DEAR  SIR,  —  I  received  your  much  esteemed 
favor  of  I  instant  yesterday,  I  should  have  com- 
menced a  correspondence  with  you  before  this 
time,  had  it  not  been  that  the  proceedings  and 
debates  in  Congress  were  more  fully  communicated 
in  the  newspapers  than  they  could  be  by  letter,  as 
well  as  all  other  occurrences  of  importance. 

But  I  seldom  see  the  papers  from  Connecticut 
or  hear  much  of  the  politics  of  that  State :  in  the 
time  of  the  war  I  always  received  by  your  letters 
the  most  full  account  of  public  measures  and  also 
of  the  motives  and  springs  of  action  from  which 
they  originated,  and  the  principal  agents  by  which 
they  were  effected,  to  my  great  satisfaction.  I 
shall  ever  retain  a  grateful  remembrance  of  our 


V 


— 

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6  t 


262  THE  LIFE   OF  ROGER  SHERMAN. 

former  friendship  while  we  were  fellow  laborers 
in  the  common  cause  of  our  country  in  several 
departments.  I  am  also  very  sensible  of  the  inde- 
fatigable exertions  of  your  brother,  the  late  sheriff, 
in  the  service  of  the  United  States,  and  his  sharing 
in  the  common  calamity  by  a  delay  and  deprecia- 
tion of  his  pay. 

Your  nephew  at  Hartford  executed  the  office  of 
Deputy  Sheriff  to  good  satisfaction  when  he  at- 
tended the  Superior  Court,  and  I  believe  to  gen 
eral  satisfaction  in  other  respects.  And  I  wish 
that  the  United  States  may  avail  themselves  of  his 
services  in  the  collection  of  the  revenue.  I  am  not 
in  the  line  of  appointment  to  offices.  I  mentioned 
him  to  Mr  Trumbull  who  concurs  with  me  as  to 
his  qualifications.  The  new  revenue  bill  has  not 
yet  passed  the  Senate :  it  is  like  to  undergo  consid- 
erable alterations  in  that  House,  and  what  offices 
will  be  ultimately  established  is  not  yet  known  to 
me.  I  shall  bear  in  mind  your  request. 

You  and  I  have  borne  the  burden  and  heat  of 
the  day,  but  the  most  faithful  and  painful  services 
are  soon  forgotten  when  they  are  passed,  and 
young  persons  are  rising  up  who  would  be  willing 
to  crowd  us  off  of  the  stage  to  make  room  for 
themselves,  but  they  can't  deprive  us  of  the  con- 
solation arising  from  a  consciousness  of  having 
done  our  duty. 

A  bill  for  establishing  a  National  Bank  has 
passed  both  Houses,  and  a  bill  to  admit  Kentucky 
into  the  Union.  Vermont  has  adopted  the  Con- 
stitution and  applied  for  admission,  their  applica- 
tion is  referred  to  a  committee  by  each  House. 


SERVICES  IN  CONGRESS,  263 

This  session  will  end  the  third  day  of  March. 
The  House  of  Representatives  have  passed  a  bill 
fixing  the  time  for  the  next  meeting  of  Congress 
to  the  first  Monday  in  November  next.  I  am  Sir 
with  great  respect  and  esteem, 

Your  friend  and  humble  servant, 

ROGER  SHERMAN. 


PART  VI. — SENATE.     May  1791 — July  1793. 

At  the  May  session,  1791,  of  the  Connecticut 
Assembly,  Mr.  Sherman  was  appointed  United 
States  Senator,  in  the  place  of  William  Samuel 
Johnson  resigned.  This  position  Mr.  Sherman 
held  till  his  death  in  July,  1/93.  As  the  sessions 
of  the  Senate  during  this  time  were  secret,  we  have 
no  account  of  his  speeches  in  that  body. 

On  the  2  ist  of  November,  1791,  Mr.  Sherman 
wrote  the  following  letter  to  Governor  Huntington. 

PHILADELPHIA,  Nov.  21,  1791. 

SIR,  —  The  President's  speech  at  the  opening 
of  the  present  session  of  Congress  gives  a  favor- 
able view  of  public  affairs,  and  particularly  that 
the  revenues  are  likely  to  be  adequate  to  their 
objects,  so  that  no  additional  burdens  need  be 
imposed  on  the  people. 

Both  branches  of  Congress  are  nearly  full,  and 
have  so  arranged  the  principal  business  of  the  ses- 
sion that  each  have  taken  a  proportion  of  it,  and 
are  forwarding  it  with  the  usual  despatch. 

The  House  of  Representatives  after  some  days 


264     THE  LIFE  OF  ROGER  SHERMAN. 

debate,  have  passed  a  vote  for  fixing  the  number 
of  Representatives  for  the  next,  and  succeeding 
elections,  under  the  present  census,  at  one  for 
every  30000  inhabitants,  which  will  make  the  whole 
to  be  about  112.  The  members  were  divided  on 
the  question,  35  being  for  it  and  23  against  it,  two 
members  that  were  for  a  less  number,  who  were 
present  at  the  debate,  were  absent  when  the  vote 
was  taken.  I  understand  that  some  members  intend 
to  move  to  lessen  the  number  when  the  bill  is  con- 
sidered in  the  House.  I  am  not  able  to  make  any 
conjecture  what  will  be  the  opinion  of  the  Senate 
on  the  subject. 

It  appears  to  me  that  no  advantage  can  be  de- 
rived from  so  great  an  increase  of  the  number 
sufficient  to  countervail  the  expense.  As  the  ju- 
risdiction of  Congress  is  limited  to  a  few  objects 
that  concern  the  States  in  general,  a  less  number 
might  give  the  necessary  information,  and  more 
conveniently  transact  the  public  business.  In- 
creasing the  number  will  not  increase  the  powers 
of  that  branch  of  the  legislature,  but  it  will  lessen 
the  weight  and  the  responsibility  of  each  individ- 
ual member.  I  wish  that  the  number  was  so  fixed 
by  the  Constitution  as  not  to  be  varied  by  Con- 
gress. When  the  Constitution  was  formed  the 
number  of  the  Representatives  was  in  proportion 
to  the  number  of  Senators  as  five  to  two.  At  that 
rate  the  Representatives  should  be  increased  at  the 
next  election  to  75,  which  being  apportioned  to 
the  several  States,  would  not  lessen  the  number 
first  assigned  to  Connecticut,  nor  vary  their  pro- 
portion of  suffrage  in  either  House  from  that  of 


SERVICES  IN  CONGRESS.  265 

allowing  one  vote  to  each  State.  If  the  Constitu- 
tion should  be  altered  so  as  always  to  preserve  the 
like  proportion  between  the  numbers  in  each  House 
as  at  first,  I  think  it  would  be  a  real  amendment ; 
and  the  expense  would  be  about  40000  dollars  per 
annum  less,  than  if  the  amendment  heretofore  rec- 
ommended should  be  ratified ;  which  sum  might  be 
applied  toward  sinking  the  national  debt. 

We  have  no  late  accounts  from  the  hostile  In- 
dians in  the  territory  northwest  of  the  Ohio ;  a 
treaty  with  the  Cherokee  nation  has  been  lately 
concluded  which  will  probably  secure  peace  to 
the  southwestern  frontier.  Mr  Hammond,  a  min- 
ister plenipotentiary  from  his  British  Majesty,  has 
had  an  audience,  and  has  been  announced  by  the 
President  of  the  United  States. 

By  the  latest  accounts  from  France,  the  new 
Constitution  of  Government  has  been  ratified  by 
the  King,  and  will  probably  secure  to  the  people 
of  that  nation  the  peaceful  enjoyment  of  civil  and 
religious  liberty;  which  may  probably  have  a 
good  effect  on  the  other  nations  of  Europe,  and 
strengthen  the  alliance  between  France  and  these 
States. 

The  public  papers  here  contain  but  little  news. 
I  have  enclosed  a  morning  and  an  evening  paper  of 
this  day.  I  am  Sir  with  much  respect  and  esteem, 

Your  Excellency's  obedient  humble  servant, 

ROGER  SHERMAN. 

On  the  last  day  of  this  session,  Mr.  Sherman,  in 
the  following  letter,  gave  Gov.  Huntington  an  ac- 
count of  the  work  of  the  session. 


266  THE  LIFE   OF  ROGER  SHERMAN. 

PHILADELPHIA,  May  8th,  1792. 

SlR,  — The  Congress  will  close  their  session  this 
day.  It  has  been  about  six  weeks  longer  than  I 
at  first  expected.  Many  bills  have  been  passed  of 
a  public  nature,  and  considerable  time  has  been 
spent  on  private  applications.  Measures  have 
been  taken  to  lessen  that  branch  of  business  in 
future,  by  enabling  the  executive  departments  to 
give  relief.  The  first  bill  that  passed  the  two 
Houses  for  fixing  the  number  of  Representatives 
at  one  hundred  and  twenty  was  disapproved  by 
the  President ;  that  is  the  only  instance  in  which  he 
has  exercised  his  power  of  negative.  The  last  act 
fixes  the  number  at  one  hundred  and  five,  allowing 
the  State  of  Connecticut  to  choose  seven.  The 
Indian  war  has  made  it  necessary  to  increase  the 
imposts  on  some  articles,  part  of  which  is  limited 
to  two  years.  Measures  will  be  taken  by  the  Ex- 
ecutive to  obtain  a  conference  with  .the  hostile 
tribes  of  Indians  in  order  to  settle  a  permanent 
peace. 

The  enclosed  paper  contains  a  copy  of  the  law 
for  regulating  the  Militia  of  the  several  States. 
Another  act  is  passed  for  calling  them  into  service 
on  necessary  occasions,  which  I  have  not  a  copy 
of,  but  all  the  laws  will  soon  be  transmitted  to 
your  Excellency  officially  by  the  Secretary  of 
State.  Mr  Thomas  Pinckney  who  is  appointed 
Minister  to  the  Court  of  Great  Britain  is  now  in 
this  city.  He  says  he  expects  to  embark  for 
London  within  about  six  weeks.  I  don't  learn 
that  much  progress  has  been  made  in  any  negotia- 


SERVICES  jp   CONGRESS.  267 

tions  with  the  British  Minister  here.  If  we  could 
get  possession  of  the  Western  Posts,  I  believe  it 
would  be  a  favorable  circumstance  for  obtaining 
and  preserving  peace  with  the  Indians.  I  am  Sir 
with  the  most  perfect  respect, 

Your  Excellency's  obedient  humble  servant, 

ROGER  SHERMAN. 


268  THE  LIFE   OF  RQPEK  SHERMAN: 


CHAPTER   XII. 

RELIGIOUS   OPINIONS. 

ON  the  I4th  of  March,  1742,  a  few  weeks  before 
completing  his  twenty-first  year,  Roger  Sherman 
united  with  the  Congregational  Church  in  Stough- 
ton.  His  father  had  died  the  year  previous,  and 
the  care  of  his  mother  and  four  younger  brothers 
and  sisters  devolved  upon  him.  So  that  his  re- 
ligious life  began  with  the  performance  of  these 
filial  and  fraternal  duties.  This  was  the  type  of 
his  religious  character  throughout  his  life.  He 
was  neither  a  mystic  nor  an  ascetic.  The  faith- 
ful performance  of  duty,  in  the  family,  in  the 
church,  in  the  State,  was  the  constant  rule  of  his 
life. 

As  soon  as  he  was  settled  in  New  Milford,  he 
transferred  his  church  relations  from  Stoughton  to 
that  place.  In  the  church  in  New  Milford,  we 
find  him  performing  the  duties  of  clerk,  of  treas- 
urer, and  of  deacon.  He  was  equally  active  in 
church  work  when  he  removed  to  New  Haven. 
His  contribution  to  the  College  Chapel,  the  first 
year  of  his  residence  in  New  Haven,  illustrates  his 
readiness,  according  to  his  means,  to  help  every 
good  work.  The  Rev.  Jonathan  Edwards,  the 
younger,  who  was  his  pastor  during  the  last 
twenty-four  years  of  his  life,  says  of  him,  —  "  He 


RELIGIOUS  OPINIONS.  269 

was  ready  to  bear  his  part  of  the  expense  of  those 
designs,  public  and  private,  which  he  esteemed 
useful ;  and  he  was  given  to  hospitality." 

Mr.  Sherman's  interest  in  the  church  in  New 
Haven,  and  his  attachment  to  Dr.  Edwards,  is 
shown  in  the  following  letter  to  his  son-in-law, 
Simeon  Baldwin. 

NEW  YORK,  Feb.  4th,  1790. 

DEAR  SIR,  —  I  this  day  received  a  letter  from 
my  son  John  dated  Jan.  I4th,  enclosing  one  for  his 
wife  which  I  have  forwarded  to  you. 

He  writes  that  he  has  recovered  his  health,  that 
Issac  is  there  and  their  prospects  are  good.  You 
wrote  me  some  time  ago  that  you  were  notified  to 
attend  a  meeting  of  some  members  of  our  society. 
I  wish  to  be  informed  whether  there  is  any  new  dif- 
ficulty arisen,  and  how  the  members  stand  affected 
to  Dr.  Edwards.  ...  I  esteem  him  one  of  the  best  of 
preachers  that  I  am  acquainted  with,  sound  in  faith, 
and  pious  and  diligent  in  his  studies  and  attention 
to  the  duties  of  his  office.  I  should  be  very  sorry 
to  have  anything  done  to  grieve  him  or  weaken  his 
hands  in  the  great  and  important  work  committed 
to  his  charge.  If  he  should  leave  the  Society  I 
should  expect  they  would  be  divided  and  broken 
up.  I  hope  all  the  well  wishers  to  pure  religion 
will  use  their  influence  to  preserve  peace,  and  avoid 
calling  Society  meetings  unnecessarily,  as  I  think 
it  would  only  promote  dissention.  Our  Savior 
says  "  Wo  to  the  world  because  of  offences ;  but 
wo  to  that  man  by  whom  the  offence  cometh."  I 
am  willing  that  anything  I  have  written  should  be 


270  THE  LIFE   OF  ROGER  SHERMAN. 

made  known  if  it  will  do  any  good,  not  only  to  the 
friendly  but  to  the  disaffected  if  there  be  any  such 
—  I  feel  well  affected  to  all  the  members,  and  wish 
to  have  cordial  harmony  restored.  Perhaps  there 
is  nothing  more  pleasing  to  the  adversary  of  man- 
kind than  discord  among  Christian  brethren.  —  I 
shall  enclose  to  you  next  Saturday's  paper,  which 
will  contain  the  news. 

The  joining  with  the  first  Society  in  Lectures 
has  been  urged  by  some,  but  a  majority  of  the 
church  did  not  think  it  expedient.  I  believe  it  has 
never  been  moved  for  on  the  part  of  Dr  Dana  nor 
do  I  think  he  would  wish  to  have  it  take  place.  It 
is  a  matter  of  no  great  importance,  if  there  were 
no  diversity  of  sentiment  between  the  two  pastors, 
but  as  there  really  is,  and  as  some  members  of  our 
church  would  be  dissatisfied  with  it,  I  think  it 
would  be  highly  criminal  to  insist  upon  it,  so  as  to 
break  the  unity  of  the  church.  Let  each  preach 
his  own  lecture,  and  every  one  may  attend  either, 
or  both,  at  pleasure.  As  to  Dr  Beardsley's  affair, 
I  understand  he  is  pretty  well  fixed  in  his  mind 
not  to  return  to  our  Society,  but  to  join  the  first, 
in  which  I  think  it  is  best  he  should  be  indulged. 
I  think  that  Deacon  Austin  could  do  as  much  to 
reconcile  matters  as  any  member  of  the  Society, 
and  that  it  is  the  duty  of  every  one  to  use  their  in- 
fluence to  that  end,  and  to  strengthen  the  hands 
and  encourage  the  heart  of  Dr.  Edwards  in  his 
ministerial  work. 

I  am  very  respectfully  yours, 

ROGER  SHERMAN. 

SIMEON  BALDWIN,  Esqr. 


RELIGIOUS  OPINIONS. 

While  tolerant  of  differences  of  opinion  on  reli- 
gious matters,  he  disliked  and  distrusted  irreligious 
men,  who  made  a  boast  of  their  impiety.  On  this 
ground  he  opposed  the  confirmation  of  Gouverneur 
Morris  as  minister  to  France. 

He  admitted  Mr.  Morris's  ability,  but  urged  in 
objection  to  him  his  practice  of  speaking  irrever- 
ently of  the  Christian  religion,  and  said  that  in  his 
experience  he  had  not  found  men  who  were  lack- 
ing in  religious  sentiment  trustworthy  in  ordinary 
affairs ;  and  that  for  this  reason  he  had  never  put 
confidence  in  General  Arnold  or  recommended  him 
for  promotion  in  the  public  service. 

Although  Mr.  Sherman's  religion  was  of  a  de- 
cidedly practical  character,  he  was  very  fond  of  the 
metaphysics  of  theology.  The  only  writings  of 
his  on  this  subject  which  have  been  preserved,  are 
confined  to  the  last  four  years  of  his  life,  while  he 
was  a  member  of  Congress.  They  display  the 
same  acuteness  and  good  sense  which  characterize 
his  political  writings  and  speeches.  They  also 
show  great  familiarity  with  the  Bible,  of  which  he 
was  a  constant  student.  It  was  his  custom  to  pur- 
chase a  Bible  at  the  commencement  of  every  ses- 
sion of  Congress,  to  peruse  it  daily,  and  to  present 
it  to  one  of  his  children  on  his  return  home. 

During  Mr.  Sherman's  connection  with  the 
White  Haven  Church,  its  creed  was  twice  changed, 
once  in  1776,  and  again  in  1788.  Each  time  it 
became  briefer,  simpler,  and  more  like  the  creeds 
of  Congregational  Churches  of  the  present  day. 
The  following  confession  of  faith,  in  the  handwrit- 
ing of  Mr.  Sherman,  was  doubtless  prepared  by 


2/2  THE  LIFE   OF  ROGER  SHERMAN. 

him  at  the  time  of  the  formation  of  the  creed  of 
1788 ;  and  seems  to  have  been  used  by  the  person 
or  committee  who  drew  up  that  creed. 

CONFESSION   OF   FAITH. 

I  believe  that  there  is  one  only  living  and  true 
God,  existing  in  three  persons,  the  Father,  the 
Son,  and  the  Holy  Ghost,  the  same  in  substance 
equal  in  power  and  glory.  That  the  scriptures  of 
the  old  and  new  testaments  are  a  revelation  from 
God,  and  a  complete  rule  to  direct  us  how  we  may 
glorify  and  enjoy  him.  That  God  has  foreordained 
whatsoever  comes  to  pass,  so  as  thereby  he  is  not 
the  author  or  approver  of  sin.  That  he  creates  all 
things,  and  preserves  and  governs  all  creatures  and 
all  their  actions,  in  a  manner  perfectly  consistent 
with  the  freedom  of  will  in  moral  agents,  and  the 
usefulness  of  means.  That  he  made  man  at  first 
perfectly  holy,  that  the  first  man  sinned,  and  as  he 
was  the  public  head  of  his  posterity,  they  all  be- 
came sinners  in  consequence  of  his  first  transgres- 
sion, are  wholly  indisposed  to  that  which  is  good 
and  inclined  to  evil,  and  on  account  of  sin  are 
liable  to  all  the  miseries  of  this  life,  to  death,  and 
to  the  pains  of  hell  forever.  I  believe  that  God 
having  elected  some  of  mankind  to  eternal  life,  did 
send  his  own  son  to  become  man,  die  in  the  room 
and  stead  of  sinners,  and  thus  to  lay  a  foundation 
for  the  offer  of  pardon  and  salvation  to  all  man- 
kind, so  as  all  may  be  saved  who  are  willing  to 
accept  the  gospel  offer :  Also  by  his  special  grace 
and  spirit,  to  regenerate,  sanctify  and  enable  to 


RELIGIOUS  OPINIONS.  2?$ 

persevere  in  holiness,  all  who  shall  be  saved ;  and 
to  procure  in  consequence  of  their  repentance  and 
faith  in  himself  their  justification  by  virtue  of  his 
atonement  as  the  only  meritorious  cause.  I  be- 
lieve a  visible  church  to  be  a  congregation  of  those 
who  make  a  credible  profession  of  their  faith  in 
Christ,  and  obedience  to  him,  joined  by  the  bond 
of  the  covenant. 

That  a  church  of  Christ  hath  power  to  choose 
its  own  officers,  to  admit  members,  and  to  admin- 
ister discipline  upon  offenders  according  to  the 
rules  of  Christ,  either  by  admonition  or  excommu- 
nication. I  believe  that  the  sacraments  of  the  new 
testament  are  baptism  and  the  Lord's  supper,  that 
baptism  is  a  sign  and  seal  of  engrafting  into  Christ, 
of  a  participation  of  his  benefits,  and  of  the  obliga- 
tion of  the  subject  to  be  the  Lord's.  That  in  the 
Lord's  supper  the  worthy  receivers  are  by  faith 
made  partakers  of  all  the  benefits  of  Christ,  to 
their  growth  in  grace.  I  believe  that  the  souls  of 
believers  are  at  their  death  made  perfectly  holy, 
and  immediately  taken  to  glory :  that  at  the  end  of 
this  world  there  will  be  a  resurrection  of  the  dead, 
and  a  final  judgment  of  all  mankind,  when  the 
righteous  shall  be  publickly  acquitted  by  Christ  the 
Judge  and  admitted  to  everlasting  life  and  glory,  and 
the  wicked  be  sentenced  to  everlasting  punishment. 

In  the  early  part  of  1790,  a  correspondence  took 
place  between  Roger  Sherman  and  Rev.  Justus 
Mitchell,  who  married  a  daughter  of  Mr.  Sher- 
man's brother  Josiah,  on  the  question  of  moral 
and  natural  inability.  In  Mr.  Sherman's  letter 

18 


2/4  THE  LIFE   OF  ROGER  SHERMAN. 

occurs  the  following  passage  on  moral  good  and 
evil,  which  gives  a  clearer  statement  as  to  his  belief 
on  these  matters  than  is  contained  in  his  Confes- 
sion of  Faith. 

"  I  suppose  that  moral  good  or  evil  consists 
not  in  dormant  principles,  but  voluntary  exer- 
cises, that  regeneration  simply  considered  is  not  a 
moral  virtue,  but  the  holy  exercises  that  flow  from 
it  are  —  and  on  the  other  hand  no  propensities  in 
animal  nature  are  in  themselves  sinful,  if  not  in- 
dulged contrary  to  law,  that  moral  good  consists 
in  right  exercises  of  the  natural  powers  and  prin- 
ciples of  the  soul,  in  settling  the  affections  on 
right  objects  &c.  and  moral  evil  in  placing  the 
affections  on  wrong  objects.  And  mankind  hav- 
ing the  power  of  free  agency  are  justly  account- 
able for  the  exercise  of  their  natural  powers,  and 
that  any  indisposition  to  do  what  they  know  to  be 
their  duty  can  be  no  excuse  for  not  doing  it." 

In  1789,  Mr.  Sherman  published  in  New  Haven 
a  sermon  written  by  himself,  entitled  "  A  short 
sermon  on  the  duty  of  self-examination  prepara- 
tory to  receiving  the  Lord's  Supper,  with  an  Ap- 
pendix containing  extracts  from  Richard  Baxter's 
works."  A  copy  of  this  sermon  is  in  the  library 
of  Yale  College.  President  Stiles  in  his  Diary 
speaks  of  it  as  "  A  well  and  judiciously  written 
sermon."  In  a  letter  to  Dr.  H.  Williams,  Decem- 
ber 17,  1791,  Mr.  Sherman  states  his  reasons 
for  publishing  that  sermon,  and  gives  his  views 
on  the  extracts  from  Richard  Baxter,  relating  to 
infant  baptism,  contained  in  the  Appendix  to  that 
sermon.  His  conclusion  is  that  none  can  be  en- 


RELIGIOUS  OPINIONS.  2?$ 

titled  to  spiritual  or  saving  blessings  on  account 
of  their  infant  baptism,  or  their  relation  to  be- 
lieving parents,  unless  when  they  arrive  at  the  age 
of  discretion  they  exercise  personal  faith  and  holi- 
ness; and  that  they  cannot  be  entitled  to  adult 
membership  in  the  church  without  a  credible  pro- 
fession of  these  virtues. 

In  the  year  1790,  Mr.  Sherman  had  a  corre- 
spondence with  Dr.  Samuel  Hopkins  on  the  the- 
ory of  "  disinterested  submission,"  or  "  the  duty  of 
man  to  be  willing  to  give  up  his  eternal  interest 
for  the  glory  of  God,  and  the  general  good."  Dr. 
Hopkins  adduces,  in  support  of  the  affirmative  of 
this  proposition,  two  arguments. 

First.  If  it  is  the  duty  of  man,  as  is  conceded, 
to  give  up  his  temporal  interest  for  the  glory  of 
God,  it  must  be  his  duty  to  give  up  his  eternal 
interest  for  the  same  cause. 

To  this  Mr.  Sherman  replies  that  God  does  not 
command  us  to  give  up  our  eternal  interest  for  his 
glory,  but,  on  the  contrary,  urges  us  to  endure  the 
ills  of  this  life  in  view  of  the  rewards  of  the  life  to 
come. 

He  might  have  added  that  the  sufferings  of  the 
righteous  in  this  life  are  entirely  different  in  kind 
from  the  sufferings  in  the  future  life  of  the  finally 
impenitent.  The  former  are  independent  of  the 
sufferer's  will ;  they  come  upon  him  from  without 
and  do  not  affect  his  spiritual  nature.  The  latter 
are  the  natural  outcome  of  a  sinful  nature,  —  the 
fruits  of  the  sufferer's  voluntary  wrong-doing. 

Second.  Dr.  Hopkins'  second  argument  is  to 
this  effect.  It  is  for  the  glory  of  God  and  the 


2/6  THE  LIFE   OF  ROGER  SHERMAN. 

general  good,  that  some  men  should  sin  and  suffer 
endless  punishment.  If  it  be  as  necessary  that  we 
should  sin  and  suffer,  in  order  to  answer  the  same 
end,  we  must  be  willing  that  this  should  take  place, 
if  we  love  God  with  all  our  hearts,  and  our  neigh- 
bor as  ourselves. 

To  this  Mr.  Sherman  replies  that  this  doctrine 
involves  in  it  this  absurdity,  that  a  person  ought 
to  be  willing  to  be  fixed  in  a  state  of  eternal  enmity 
to  God,  from  a  principle  of  supreme  love  to  him. 

In  reference  to  the  glory  of  God,  Mr.  Sherman 
says :  "  His  goodness  is  his  glory,  and  that  is  dis- 
played or  manifested  in  his  doing  good."  In  illus- 
tration of  this  truth  he  cites  the  striking  passage 
from  Exod.  xxxiii.  18,  19,  where  Moses  in  the 
mount  asks  for  a  revelation  of  God's  glory,  and 
the  Lord  replies,  "  I  will  make  my  goodness  pass 
before  thee." 

Dr.  Hopkins  cites,  in  support  of  his  view,  the 
language  of  Paul,  Rom.  ix.  3,  where  he  says  he 
could  wish  himself  accursed  from  Christ  for  his 
brethren.  To  which  Mr.  Sherman  replies  that 
this  evidently  is  not  to  be  understood  literally, 
but  was  only  a  strong  way  of  stating  his  love  for 
his  brethren.  Besides,  he  adds,  every  wish  of  a 
good  man  is  not  a  good  wish.  Moses,  in  a  like 
expression,  Exod.  xxxii.  32,  seems  not  fully  to 
have  met  with  the  divine  approbation,  as  appears 
by  the  answer,  verse  33  :  "And  the  Lord  said  unto 
Moses,  Whosoever  hath  sinned  against  me,  him 
will  I  blot  out  of  my  book." 

These  letters  were  published  in  1889  by  the 
American  Antiquarian  Society,  with  an  introduction 


RELIGIOUS   OPINIONS.  277 

on  Hopkinsianism  by  Rev.  Andrew  P.  Peabody. 
Mr.  Sherman's  good  sense  contrasts  most  favorably 
with  the  scholastic  subtleties,  in  which  the  theolo- 
gian loses  himself.  In  a  letter,  dated  May  7,  1895, 
from  Dr.  Edwards  A.  Park,  the  peculiar  views  of 
Dr.  Hopkins  on  this  subject  are  thus  referred  to. 

"  I  have  always  heard  that  Sherman  agreed  with 
the  elder  President  Edwards  in  theological  doc- 
trine, but  disapproved  of  Hopkins'  theory  concern- 
ing '  disinterested  submission.'  The  majority  of 
the  Edwardeans  disapproved  of  Hopkins'  theory 
on  the  subject.  He  was  very  injudicious  in  his 
style  of  treating  the  topic.  Still,  Dr.  William  E. 
Channing,  who  was  the  grandson  of  Mr.  Ellery, 
always  spoke  with  the  highest  respect  of  Mr. 
Hopkins,  and  in  particular  of  Hopkins'  views 
on  '  disinterested  submission.'  Professor  Frederic 
Hedge  spoke  in  the  same  manner,  for  the  views  of 
Hopkins  were  those  of  the  old  Quietists.  It  is  a 
singular  fact  that  Thomas  Hooker  of  Hartford, 
whose  statue  adorns  the  Connecticut  Capitol,  was 
more  Hopkinsian  than  Hopkins  himself:" 

The  following  correspondence  between  Roger 
Sherman  and  Dr.  Witherspoon  may  properly  find 
a  place  here,  as  the  argument  employed  is  of  a 
biblical  character. 

NEW  HAVEN,  July  loth,  1788. 

SIR,  —  I  herewith  send  you  Mr.  Trumbull's  ap- 
peal to  the  public  respecting  divorce.  Upon  read- 
ing of  which  you  will  see  that  he  supposes  divorce 
is  not  lawful  in  any  case  except  for  incontinency. 


2/8  THE  LIFE   OF  ROGER  SHERMAN. 

The  law  of  this  State  admits  of  divorce,  for 
fraudulent  contract,  adultery,  or  three  years  wilful 
desertion  and  total  neglect  of  duty. 

Herein  it  agrees  with  the  Westminster  confes- 
sion of  Faith  article  24th.  The  late  President 
Edwards  was  also  of  the  same  opinion,  as  appears 
by  the  enclosed  note  extracted  from  his  writings. 
As  the  subject  is  important  and  interesting  to  the 
public  as  well  as  to  individuals,  I  should  esteem 
it  a  favor  to  know  your  opinion  respecting  it. 

It  is  evident  that  those  who  admit  wilful  deser- 
tion as  a  sufficient  ground  for  divorce,  found  their 
opinion  on  I  Cor.  7:  15,  which  they  suppose  con- 
tains an  apostolic  direction  in  a  case  not  mentioned 
by  our  Lord  in  the  Evangelists,  and  perfectly  con- 
sistent with  what  he  has  said  on  the  subject.  They 
suppose  that  what  is  contained  in  the  Evangelists, 
and  referred  to  in  Cor.  7:  10,  n  as  said  by  the 
Lord,  imports  no  more  than  that  no  separation  or 
voluntary  departing  or  putting  away  except  for 
incontinency,  is  lawful,  or  if  the  wife  should  accept 
a  bill  of  divoice  trom  the  husband,  and  thereupon 
voluntarily  leave  him,  it  would  not  dissolve  the 
bond  of  matrimony,  and  either  party  that  should 
marry  another  in  consequence  of  such  a  separation 
would  be  guilty  of  adultery.  But  in  case  there 
should  be  a  wilful  desertion  of  one  party,  either 
by  going  away  and  leaving  the  other,  or  by  cruelty 
and  abuse  compelling  the  other  to  go  away,  this 
conduct  obstinately  persisted  in,  so  as  totally  to 
deprive  the  other  of  all  the  benefits  and  comforts 
of  the  marriage  state ;  the  innocent  party,  after 
using  all  proper  means  to  reclaim  the  other,  and 


RELIGIOUS  OPINIONS.  279 

waiting  a  reasonable  time,  and  there  appearing  no 
prospect  of  a  reconciliation,  may,  upon  application 
to  public  authority  be  lawfully  declared  free  from 
the  bond  of  marriage,  and  be  at  liberty  to  marry 
another.  This  distinction  they  suppose  is  evident 
from  what  the  apostle  says  in  the  I2th  verse,  "  To 
the  rest  speak  I,  not  the  Lord."  This  was  there- 
fore a  new  case  on  the  same  subject,  about  which 
our  Lord  had  not  given  any  direction.  As  Mr 
Trumbull  has  fully  stated  the  arguments  in  support 
of  one  side  of  the  question,  I  thought  it  might  be 
proper  to  give  these  few  hints  of  what  has  been 
said  in  support  of  the  other  side,  and  submit  the 
whole  to  your  consideration.  I  am  Sir  with  great 
respect  and  esteem, 

Your  humble  servant, 

ROGER  SHERMAN. 

PRINCETON,  July  25,  1788. 

DEAR  SIR,  —  I  received  a  few  days  ago  your 
favor  of  the  loth  inst.  with  copy  of  Mr  Trumbull's 
Discourse  relating  to  Divorce.  I  have  read  it  over 
with  attention  and  am  fully  of  opinion  with  Dr 
Edwards  that  the  declaration  of  our  Saviour  against 
frivolous  divorces  ought  not  to  be  so  interpreted 
that  it  should  be  impossible  to  liberate  an  innocent 
party  any  other  way.  As  all  contracts  are  mutual 
and  this  of  marriage  in  a  particular  manner,  an 
obstinate  and  perpetual  refusal  of  performance  on 
one  side  seems  in  the  nature  of  things  to  liberate 
the  other.  Therefore  the  Protestant  Churches  in 
general  and  ours  in  particular  have  always  admitted 
wilful  or  obstinate  desertion  as  a  cause  of  divorce, 


28O  THE  LIFE  OF  ROGER  SHERMAN'. 

and  have  supposed  the  passage  of  the  Apostle 
Paul  to  be  a  confirmation  of  this  by  a  particular 
instance.  This  ought  not  to  be  considered  as  any 
contradiction  to  our  Saviour's  declaration ;  on  the 
contrary  it  may  be  considered  as  falling  under  it 
for  in  the  law  of  obstinate  desertion  adultery  may 
be  very  justly  questioned  in  law,  as  the  person  can- 
not be  supposed  to  desert  in  order  to  live  the  life 
of  a  monk  or  nun,  but  from  alienated  affection, 
especially  as  in  most  cases  of  this  kind  they  with- 
draw themselves  out  of  the  reach  of  observation  or 
proof. 

I  think  Mr.  Trumbull  has  not  proved  his  theo- 
retical point,  but  if  he  has  given  a  just  account  of 
facts  it  would  appear  that  either  your  laws  are  lax 
upon  the  subject  or  the  Courts  have  been  lax  in 
the  execution  of  them,  but  this  must  depend  upon 
the  fairness  and  fulness  of  his  representation, 
which  I  cannot  judge  of  with  certainty  in  my 
situation.  Remember  me  to  your  neighbor,  Dr 
Stiles.  I  have  the  honor  to  be,  Sir, 

Your  most  humble  and  obedient  servant, 

JNO.  WlTHERSPOON. 

Dr.  Edwards,  in  speaking  of  Mr.  Sherman  as  a 
theologian,  remarked  that,  in  the  general  course  of 
a  long  and  intimate  acquaintance,  he  was  mate- 
rially instructed  by  his  observations  on  the  princi- 
pal subjects  of  doctrinal  and  practical  divinity. 


LAST  DAYS.  28 1 


CHAPTER  XIII. 

LAST   DAYS. 

IN  the  4th  volume  of  the  "American  Literary 
Magazine,"  June,  1849,  is  an  article  on  Roger 
Sherman,  by  Professor  Denison  Olmsted,  of  Yale 
College,  in  which  the  following  account  of  his 
death  is  given: 

"  On  the  23rd  day  of  July,  1793,  he  finished  his 
eventful  career,  at  his  own  quiet  residence  in  New 
Haven,  where,  most  of  all,  he  was  beloved  and 
honored.  He  was  cheered  and  sustained  in  the 
last  conflict  by  the  power  of  that  religion  which 
he  had  early  embraced,  and  whose  precepts  and 
duties  he  had  uniformly  illustrated  by  a  long  life 
of  virtue  and  usefulness.  He  had  enjoyed  almost 
uninterrupted  health  through  life,  and  at  the  age 
of  seventy  was  able  to  mount  his  horse  with  the 
agility  of  youth,  and  to  ride  thirty  or  forty  miles 
without  fatigue.  But,  as  a  mound  which  has  long 
withstood  the  pressure  of  the  floods  unmoved  and 
seemingly  immovable,  yields  at  last  to  the  silent 
influences  that  have  been  insensibly  infusing  into 
its  structure  the  elements  of  decay  and  weakness, 
and  is  all  at  once  borne  away ;  so  his  constitution 
that  seemed  equal  to  the  severest  labors,  suddenly 
failed,  and  he  sunk  into  the  arms  of  death.  His 
last  effort  was  in  attempting  to  lead  the  family  de- 


282  THE  LIFE   OF  ROGER  SHERMAN. 

votions :  but  the  accents  of  prayer  died  away  on 
his  lips,  before  the  service  was  completed.  Still 
his  mind  was  serene,  and  when  asked  by  his 
daughter  if  he  was  ready  to  die,  he  looked  up 
with  that  sweet  expression  which  many  have  seen 
and  felt  in  the  '  dying  smile,'  and  replied,  '  Father, 
not  my  will,  but  thine  be  done.'  " 

The  following  letters  from  Josiah  Stebbins  to 
Roger  Minot  Sherman  give  further  particulars  of 
the  last  sickness  of  Roger  Sherman  and  an  account 
of  the  funeral. 

NEW  HAVEN,  Sunday  Evening. 

DEAR  SIR ;  I  know  not  that  I  can  tell  you  any- 
thing of  note  except  with  regard  to  the  good  Squire 
Sherman.  The  account  you  heard  of  him  was 
perfectly  just.  No  disease  seems  to  be  upon  him 
but  a  biliousness  to  which  I  understand  he  has 
been  subject,  but  he  is  debilitated  to  such  a  degree 
that  as  I  was  this  evening  told  in  the  family,  he  is 
unable  to  turn  himself  in  bed  —  as  is  —  in  his  case, 
he  is  unusually  drowsy,  sleeps  almost  the  whole 
day  and  night  —  and  in  a  word  is  by  all  looked 
on  as  a  man  beyond  a  possibility  of  recovering. 
I  have  not  seen  him  but  shall  not  be  surprised  if 
he  bid  the  world  adieu  in  a  few  days.  .  .  .  Respects 
to  Mr  and  Mrs  Strong  and 

Yours  as  usual, 

JOSIAH  STEBBINS. 

[On  back.]  Monday  morning  Esq.  Sherman 
declines,  is  weaker,  no  other  alteration. 

In  haste  J.  S. 

JULY  21, 1793. 


LAST  DA  YS.  283 

NEW  HAVEN,  Monday  Morning,  5  Aug. 

DEAR  SIR :  You  desired  me  to  write  in  case  of 
the  good  Squire's  death.  I  neglected  it  supposing 
that  you  would  doubtless  hear  it  as  soon  as  I  could 
convey  you  a  letter.  The  funeral  was  attended  on 
Thursday  with  the  tokens  of  respect  which  the  ob- 
ject of  them  merited.  The  city  officers  attended 
as  mourners.  Pres.  Stiles  (if  I  did  not  misunder- 
stand) prayed  at  the  house.  The  procession  then 
moved  to  Doct.  Edwards  meeting  house  where  a 
sermon  with  the  usual  prayers  was  delivered  by 
Doct.  Edwards,  and  to  do  the  Doct.  Justice  he 
preached  better  than  I  expected  to  hear  him,  and 
seemed  to  keep  almost  free  from  moral  obligation, 
cause  and  effect  &c.  The  procession  then  moved 
to  the  grave,  four  bells  tolling  in  alternate  strokes. 
The  collection  was  the  largest  I  ever  knew  on  such 
an  occasion  —  unavoidable  haste  prevents  my  add- 
ing another  word  but  that 

I  am  yours, 

JOSIAH  STEBBINS. 

The  following  extract  from  the  Diary  of  Ezra 
Stiles,  President  of  Yale  College,  gives  an  account 
of  the  death  and  funeral  of  Mr.  Sherman,  and  an 
estimate  of  his  character. 

"  !793>  July  23>  at  about  seven  o'clock,  or 
about  sunsetting,  a  bright  luminary  set  in  New 
Haven:  the  Hon.  Roger  Sherman  Esq.  died  at 
seven  o'clock.  .  .  .  He  was  formed  for  thinking 
and  acting,  but  law  and  politics  were  peculiarly 
adapted  to  his  genius.  He  was  an  admirer  of 


284  THE  LIFE   OF  ROGER  SHERMAN. 

Vattell's  Laws  of  Nature  and  Nations.  He  was 
for  many  years  Treasurer  of  Y.  C.  and  a  friend  to 
its  interests  and  to  its  being  and  continuing  in  the 
hands  of  the  Clergy,  whom  he  judged  the  most 
proper  to  have  the  superintending  of  a  religious 
as  well  as  a  scientific  college.  .  .  .  He  was  ex- 
emplary for  piety  and  serious  religion,  was  a  good 
Divine,  once  printed  a  well  and  judiciously  written 
sermon  of  his  own  composition,  though  never 
preached.  He  was  far  from  all  enthusiasm.  He 
was  calm,  sedate,  and  very  discerning  and  judi- 
cious. He  went  though  all  the  grades  of  public 
life  and  grew  in  them  all  and  filled  every  office 
with  propriety,  ability  and  though  not  with  showy 
brilliancy,  yet  with  that  dignity  which  arises  from 
doing  every  thing  perfectly  right.  In  no  part  of 
his  employment  has  he  displayed  his  intrinsic 
merit  and  acquired  that  glory  so  much  as  in  Con- 
gress. He  then  became  almost  oracular  for  the 
deep  sagacity,  wisdom,  and  weight  of  his  counsels. 
Though  of  no  elocution  he  was  respected  and 
listened  to  with  attention ;  and  was  successful  in 
carrying  the  points  he  labored.  He  was  an  ex- 
traordinary man,  a  venerable  uncorrupted  patriot. 

"July  25.  The  funeral  of  the  Mayor  was  at- 
tended. The  Students  and  Tutors  of  the  Univer- 
sity formed  the  head  of  the  procession,  then  the 
two  city  sheriffs  preceded  the  city  officers,  the 
common  council,  four  aldermen,  two  justices,  two 
members  of  Congress,  and  a  Judge  of  the  Superior 
Court,,  the  clergy,  eight  ministers,  the  bearers  and 
corpse  (no  pall  bearers),  mourners  and  citizens, 
male  and  female,  a  large  concourse.  Repairing 


LAST  DAYS.  285 

to  Dr.  Edwards'  meeting  house  a  sermon  was 
preached  by  Dr.  Edwards  from  Ps.  46:  I.  Then 
the  procession  moved  from  the  meeting  house  to 
the  grave.  Dr.  Dana  spoke  at  the  grave,  as  I  had 
prayed  at  the  house  before  the  funeral.  Every 
part  was  conducted  with  respectful  decency  and 
solemnity." 

The  following  obituary  notice  was  published  in 
the  "  Connecticut  Journal,"  July  31,  1793. 

"New  Haven,  July  31.  On  the  23  instant  died 
at  his  house  in  this  city  the  Honorable  Roger 
Sherman  Esqr.  .  .  .  [account  of  his  life].  It  is 
worthy  to  remark  that  though  he  sustained  so 
many  offices  in  the  civil  government  both  of  the 
State  and  of  the  United  States,  to  all  which  he  was 
promoted  by  the  free  suffrages  of  his  fellow  citi- 
zens, and  in  the  most  of  which  he  could  not  with- 
out a  new  election  continue  longer  than  a  year, 
and  in  the  rest  not  longer  than  two,  three  or  four 
years;  and  although  for  all  these  offices  there 
were  as  there  always  are  in  popular  governments 
many  competitors  at  every  election,  yet  Mr. 
Sherman  was  never  removed  from  any  one  of 
them,  but  by  promotion,  or  rendering  the  offices 
incompatible  with  each  other.  Nor  with  the  re- 
striction just  mentioned  did  he  ever  lose  his  elec- 
tion to  any  office  to  which  he  had  once  been 
elected,  except  his  election  as  a  Representative  of 
the  town  in  the  General  Assembly;  which  office 
we  all  know  is  almost  constantly  shifting.  This 
shows  to  how  great  a  degree  and  how  invariably 
he  possessed  the  confidence  of  his  fellow  citizens. 


286  THE  LIFE   OF  ROGER  SHERMAN. 

They  found  by  long  experience  that  both  his  abili- 
ties and  his  integrity  merited  their  confidence.  To 
have  been  constantly  employed  in  the  public  ser- 
vice for  forty-eight  years,  to  have  sustained  so 
many  and  so  important  public  offices,  and  to  have 
sustained  them  all  with  honor  and  reputation ;  to 
have  maintained  an  amiable  character  in  every 
private  relation ;  to  have  been  from  early  youth 
an  ornament  to  Christianity,  and  to  have  died  in 
a  good  old  age  in  the  full  possession  of  all  his 
honors,  and  of  his  powers  both  of  body  and  mind, 
is  a  rare  attainment,  and  as  to  him  at  least  an 
happy  juncture  of  circumstances." 

The  following  inscription  is  recorded  upon  the 
tablet  which  covers  his  tomb. 

"  IN   MEMORY   OF 

THE  HON.  ROGER  SHERMAN,  ESQ. 

MAYOR   OF   THE   CITY   OF   NEW   HAVEN, 

AND   SENATOR   OF   THE    UNITED   STATES. 

HE   WAS   BORN   AT   NEWTOWN,  IN   MASSACHUSETTS, 

APRIL    igTH,  1721. 

AND   DIED   IN   NEW  HAVEN,  JULY  23RD,  A.   D.   1793, 
AGED    LXXII. 

Possessed  of  a  strong,  clear,  penetrating  mind, 

and  singular  perseverance, 

He  became  the  self-taught  scholar, 

eminent  for  jurisprudence  and  policy. 

He  was  nineteen  years  an  assistant, 
and  twenty-three  years  a  judge,  of  the  superior  court, 

in  high  reputation. 

He  was  a  delegate  in  the  first  congress, 

Signed  the  glorious  act  of  Independence, 

and  many  years  displayed  superior  talents  and  ability 

in  the  national  legislature. 


LAST  DAYS.  287 

He  was  a  member  of  the  general  convention, 

approved  the  federal  constitution, 
and  served  his  country,  with  fidelity  and  honor, 

in  the  House  of  Representatives, 

and  in  the  Senate  of  the  United  States. 

He  was  a  man  of  approved  integrity  ; 

a  cool,  discerning  Judge  ; 
a  prudent,  sagacious  politician ; 
a  true,  faithful,  and  firm,  patriot. 

He  ever  adorned 
the  profession  of  Christianity 

which  he  made  in  youth ; 

and,  distinguished  through  life 

for  public  usefulness, 

died  in  the  prospect 

of  a  blessed  immortality." 


288     THE  LIFE  OF  ROGER  SHERMAN. 


CHAPTER  XIV. 

CONCLUSION. 

IN  reviewing  the  life  of  Roger  Sherman  we  are 
impressed,  not  merely  with  the  length  and  variety 
of  his  public  services,  but  with  the  number  of  im- 
portant offices  which  he  held  at  the  same  time. 
From  1755,  when  he  was  chosen  to  represent  the 
town  of  New  Milford  in  the  Colonial  Assembly  of 
Connecticut,  to  his  death  in  1793,  a  period  of 
thirty-eight  years,  he  was,  with  the  exception  of 
two  intervals  of  two  or  three  years  each,  continu- 
ally in  the  public  service.  At  first,  he  was,  for  a  few 
years,  a  member  of  the  Court  of  Common  Pleas, 
and  then,  for  twenty-three  years  in  succession,  he 
was  a  Judge  of  the  Superior  Court.  After  a  few 
years'  service  in  the  lower  House  of  the  Connecti- 
cut Assembly,  he  was  chosen  a  member  of  the  up- 
per House,  where  he  was  kept,  by  annual  election, 
for  nineteen  successive  years.  He  was  for  eight 
years  a  member  of  the  Continental  Congress,  and 
during  two  years  of  this  period  he  was  a  member  of 
the  Connecticut  Council  of  Safety.  He  was  a  mem- 
ber of  the  Constitutional  Convention  of  1787,  and 
from  the  formation  of  the  national  government  in 
1789  to  his  death  in  1793,  he  was  a  member  of  Con- 
gress, —  for  the  first  two  years  a  Representative,  and 
for  the  last  two  a  Senator.  From  1784  to  his 
death,  he  was  Mayor  of  the  City  of  New  Haven. 


CONCLUSION.  289 

Many  of  these  offices  he  held  at  the  same  time. 
During  the  nineteen  years  that  he  was  a  member 
of  the  upper  House  of  the  Connecticut  Assembly, 
he  was  also  a  judge  of  the  Superior  Court ;  during 
eight  of  these  years  he  was  a  delegate  in  the  Con- 
tinental Congress ;  and  for  two  years  that  he  was 
a  delegate  in  Congress,  he  was  a  member  of  the 
Council  of  Safety,  and  the  last  year  that  he  was  a 
delegate  in  Congress  he  was  Mayor  of  the  City  of 
New  Haven. 

To  have  held  so  many,  and  so  important  offices, 
for  so  long  a  time,  shows  the  high  regard  which  the 
people  of  Connecticut  had  for  his  abilities  and  in- 
tegrity. But  it  was  not  merely  by  the  citizens  of 
his  own  State  that  he  was  held  in  high  esteem.  In 
the  Continental  Congress,  he  took  rank  at  once 
with  the  ablest  men  from  all  parts  of  the  country, 
and  was  placed  on  the  most  important  committees. 
He  formed  intimate  friendships  with  the  great  re- 
volutionary leaders  of  the  north  and  the  south,  — 
with  John  Adams,  and  Samuel  Adams,  and  Richard 
Henry  Lee.  He  took  an  active  and  influential 
part  in  the  debates  of  the  various  deliberative  as- 
semblies with  which  he  was  connected.  And  yet 
he  was  utterly  destitute  of  oratorical  graces.  In- 
deed, it  was  something  more  than  that.  His  man- 
ner seems  to  have  been  the  personification  of 
awkwardness.  John  Adams,  an  enthusiastic  ad- 
mirer of  Mr.  Sherman,  in  his  Diary,  under  date  of 
September  15,  1775,  thus  describes  his  style  of 
speaking :  — 

"  Sherman's  air  is  the  reverse  of  grace ;  there 
cannot  be  a  more  striking  contrast  to  beautiful 

19 


2QO  THE  LIFE   OF  ROGER  SHERMAN. 

action  than  the  motion  of  his  hands ;  generally 
he  stands  upright,  with  his  hands  before  him,  the 
fingers  of  his  left  hand  clenched  into  a  fist,  and 
the  wrist  of  it  grasped  with  his  right.  But  he  has 
a  clear  head  and  sound  judgment;  but  when  he 
moves  a  hand  in  anything  like  action,  Hogarth's 
genius  could  not  have  invented  a  motion  more 
opposite  to  grace ;  it  is  stiffness  and  awkwardness 
itself,  rigid  as  starched  linen  or  buckram ;  awk- 
ward as  a  junior  bachelor  or  a  sophomore." 

It  was  a  common  saying  in  New  Haven,  that 
when  Mr.  Sherman  was  interested  in  speaking,  his 
gesture  was  like  that  of  a  shoemaker  drawing  a 
thread. 

And  yet  singularly  enough,  the  greatest  admirers 
of  this  awkward  man,  were  the  foremost  orators 
of  their  day.  In  Henry  Howe's  Historical  Collec- 
tions of  Virginia,  he  says,  in  speaking  of  Patrick 
Henry  that,  —  "  When  a  member  of  the  Continen- 
tal Congress,  he  said  the  first  men  in  that  body 
were  Washington,  Richard  Henry  Lee,  and  Roger 
Sherman:  and,  later  in  life,  Roger  Sherman  and 
George  Mason  [were]  the  greatest  statesmen  he 
ever  knew." 

John  Adams  in  a  letter  to  his  wife,  dated  March 
1 6,  1777,  speaks  of  Sherman  as  "that  old  puri- 
tan, as  honest  as  an  angel,  and  as  firm  in  the  cause 
of  American  Independence  as  Mt.  Atlas."  In  his 
old  age,  Mr.  Adams  wrote  the  following  letter  con- 
cerning Roger  Sherman  to  the  editor  of  Sanderson's 
Biographies :  — 


CONCLUSION.  291 

QUINCY,  November  igth,  1822. 

DEAR  SIR :  I  have  received  your  obliging  favor 
of  the  1 5th  instant.  It  relates  to  a  subject  dear  to 
my  memory  and  my  heart.  The  honorable  Roger 
Sherman  was  one  of  the  most  cordial  friends  which 
I  ever  had  in  my  life.  Destitute  of  all  literary  and 
scientific  education,  but  such  as  he  acquired  by 
his  own  exertions,  he  was  one  of  the  most  sensible 
men  in  the  world.  The  clearest  head  and  steadi- 
est heart.  It  is  praise  enough  to  say,  that  the  late 
Chief  Justice  Ellsworth  told  me  he  had  made  Mr 
Sherman  his  model  in  his  youth.  Indeed  I  never 
knew  two  men  more  alike,  except  that  the  Chief 
Justice  had  the  advantage  of  a  liberal  education, 
and  somewhat  more  extensive  reading. 

Mr  Sherman  was  born  in  the  State  of  Massa- 
chusetts, and  was  one  of  the  soundest  and  strong- 
est pillars  of  the  revolution.  I  am,  sir, 

Your  most  obedient  and  humble  servant, 

JOHN  ADAMS. 

Fisher  Ames  the  leader  of  the  Federal  party  in 
the  House  of  Representatives  during  the  adminis- 
tration of  Washington  and  the  most  accomplished 
orator  in  that  body,  was  accustomed  to  say, — 
"  That  if  he  happened  to  be  out  of  his  seat  when 
a  subject  was  discussed,  and  came  in  when  the 
question  was  about  to  be  taken,  he  always  felt  safe 
in  voting  as  Mr.  Sherman  did ;  for  he  always  voted 
right." 

Similar  tributes  were  paid  to  Mr.  Sherman  by 
other  eminent  men.  On  one  occasion  Mr.  Jeffer- 


292     THE  LIFE  OF  ROGER  SHERMAN. 

son  accompanied  Dr.  Spring  of  Newburyport  to 
the  halls  of  Congress,  and  pointing  out  Mr.  Sher- 
man, said,  —  "  That  is  Mr.  Sherman  of  Connecticut, 
a  man  who  never  said  a  foolish  thing  in  his  life." 
Nathaniel  Macon,  of  North  Carolina,  who  himself 
had  a  great  reputation  for  wisdom,  once  remarked 
to  Mr.  Reed  of  Marblehead,  that  "  Roger  Sherman 
had  more  common  sense  than  any  man  he  ever 
knew."  Jonathan  Edwards  the  younger,  one  of 
the  most  eminent  divines  which  this  country  has 
produced,  was  accustomed  to  speak  of  Roger 
Sherman  as  "  my  great  and  good  friend,  Sena- 
tor Sherman."  Dr.  Dwight,  when  instructing  the 
senior  class  at  Yale  College,  observed  that  Mr. 
Sherman  was  remarkable  for  not  speaking  in  de- 
bate without  suggesting  something  new  and  im- 
portant, which  frequently  gave  a  different  character 
to  the  discussion.  Thomas  Jefferson  wrote  the 
following  letter  concerning  Mr.  Sherman  to  Roger 
S.  Baldwin. 

MONTICELLO,  March  gth,  1822. 

SIR,  I  have  duly  received  your  letter  of  Febru- 
ary 22nd,  and  am  sorry  it  is  in  my  power  to  furnish 
no  other  materials  for  the  biography  of  your  very 
respectable  grandfather,  than  such  as  are  very  gen- 
erally known.  I  served  with  him  in  the  old  con- 
gress in  the  years  1775  and  1776:  He  was  a  very 
able  and  logical  debater  in  that  body,  steady  in 
the  principles  of  the  revolution,  always  at  the  post 
of  duty,  much  employed  in  the  business  of  com- 
mittees, and  particularly,  was  of  the  committee  of 
Doctor  Franklin,  Mr  J.  Adams,  Mr  Livingston, 


CONCLUSION.  293 

and  myself,  for  preparing  the  Declaration  of  Inde- 
pendence. Being  much  my  senior  in  years,  our 
intercourse  was  chiefly  in  the  line  of  our  duties. 
I  had  a  very  great  respect  for  him,  and  now  learn, 
with  pleasure,  that  the  public  are  likely  to  be  put 
into  possession  of  the  particulars  of  his  useful  life. 

I  pray  you  accept  the  assurance  of  my  great 
respect. 

THOMAS  JEFFERSON.1 

The  Connecticut  Academy  of  Arts  and  Sciences 
published  in  1811,  vol.  I,  No.  I,  "  A  statistical  ac- 
count of  the  City  of  New  Haven,"  by  Timothy 
Dwight,  President  of  Yale  College,  which  contains 
the  following  estimate  of  Roger  Sherman. 

"  Mr.  Sherman  possessed  a  powerful  mind :  and 
habits  of  industry  which  no  difficulties  could  dis- 
courage, and  no  toil  impair.  In  early  life  he  be- 
gan to  apply  himself  with  inextinguishable  zeal  to 
the  acquisition  of  knowledge.  In  this  pursuit,  al- 
though he  was  always  actively  engaged  in  business, 

1  Mr.  E.  P.  Whipple,  in  his  essay  on  "  Daniel  Webster  as  a 
Master  of  English  Style,"  introductory  to  his  collection  of  the 
"  Great  Speeches  and  Orations  of  Daniel  Webster,"  says :  — 

"  There  is  no  word  which  the  novelists,  satirists,  philanthropic 
reformers,  and  Bohemians  of  our  days  have  done  so  much  to  dis- 
credit and  make  disrespectable  to  the  heart  and  the  imagination, 
as  the  word  '  respectable.'  Webster  always  uses  it  as  a  term  of 
eulogy."  In  illustration  of  this  statement,  Mr.  Whipple  quotes 
the  following  passage  from  Mr.  Webster's  oration  on  the  com- 
pletion of  the  Bunker  Hill  Monument.  "  I  would  cheerfully  put 
the  question  to  day  to  the  intelligence  of  Europe  and  the  world, 
what  character  of  the  century,  upon  the  whole,  stands  out  in  the 
relief  of  history  most  pure,  most  respectable,  most  sublime ;  and 
I  doubt  not  that  by  a  suffrage  approaching  to  unanimity,  the 
answer  would  be,  Washington." 


294  THE  LIFE   OF  ROGER  SHERMAN. 

he  spent  more  hours  than  most  of  those  who  are 
professedly  students.  In  his  progress  he  became 
extensively  acquainted  with  mathematical  science, 
with  natural  philosophy,  with  moral  and  metaphys- 
ical philosophy,  with  history,  logic  and  theology. 
As  a  lawyer  and  a  statesman  he  was  eminent. 
The  late  Judge  Ingersoll,  who  has  been  already 
mentioned,  once  observed  to  me,  that,  in  his 
opinion,  the  views  which  Mr.  Sherman  formed  of 
political  subjects,  were  more  profound,  just,  and 
comprehensive,  than  those  of  almost  any  other 
man  with  whom  he  had  been  acquainted  on  this 
continent.  His  mind  was  remarkably  clear  and 
penetrating  and  more  than  that  of  almost  any 
other  man,  looked  from  the  beginning  of  a  sub- 
ject to  the  end.  Nothing  satisfied  him  but  proof; 
or  where  that  was  impossible,  the  predominant 
probability  which  equally  controls  the  conduct 
of  a  wise  man.  He  had  no  fashionable  opinions, 
and  could  never  be  persuaded  to  swim  with  the 
tide.  Independent  of  everything  but  argument, 
he  judged  for  himself:  and  rarely  failed  to  con- 
vince others  that  he  judged  right. 

"  As  a  man,  as  a  patriot,  and  as  a  citizen,  Mr. 
Sherman  left  behind  him  an  unspotted  name. 
Profoundly  versed  in  theology,  he  held  firmly  the 
doctrines  of  the  Reformation.  Few  men  under- 
stood them  so  well :  and  few  were  equally  able  to 
defend  them.  What  he  believed  he  practiced." 

The  following  memorandum  prepared  by  Hon. 
Wm.  M.  Evarts,  August  30,  1893,  contains  two 
very  interesting  estimates  of  Mr.  Sherman. 

"Among  my  acquaintances  at  the  Union  Club 


CONCLUSION.  295 

was  Isaac  Bell  who  lived  to  a  great  age  dying  in 
1860,  ninety-three  years  old.  Two  of  his  sons, 
Isaac  Bell,  Jr.  and  Edward  R.  Bell  were  quite  inti- 
mate friends  of  mine  and  members  of  the  same 
club.  Isaac  Bell,  Sr.  retained  his  faculties  of 
memory  and  intelligence  through  this  advanced 
age,  and  from  my  intimate  relations  with  his  sons  I 
became  acquainted  with  their  father.  One  day 
when  talking  with  him  about  events  in  the  early 
history  of  our  government,  it  occurred  to  me  that 
as  he  was  some  twenty-two  or  twenty-three  years 
of  age  at  the  time  of  Washington's  inauguration  in 
New  York,  he  might  probably  have  seen  my  grand- 
father, Roger  Sherman,  who  as  a  member  of  the 
new  government  was  conspicuous  among  the  at- 
tendance at  that  ceremony.  If  this  should  be  so,  as 
Mr.  Bell's  memory  was  accurate  and  retentive,  I 
thought  I  might  learn  something  of  the  impression 
made  upon  a  casual  observer  of  the  inauguration. 
Mr.  Bell  replied  that  he  did  not  see  the  proceed- 
ings of  the  inauguration  as  he  was  then  absent 
from  New  York  and,  as  I  now  think,  in  China. 
He  then  recurred  to  the  subject  by  saying  '  Was 
Roger  Sherman  your  grandfather?'  and  on  my  re- 
plying he  said,  '  I  never  saw  Roger  Sherman  but 
I  can  tell  you  something  that  Theodore  Sedgwick 
said  to  me  about  him.  Mr.  Sedgwick  said,  "  Roger 
Sherman  was  the  man  of  the  selectest  wisdom  that 
I  ever  knew.  No  law  or  part  of  law  that  Mr. 
Sherman  favored  failed  to  be  enacted." '  I  was 
struck  with  the  peculiar  epithet  of  '  selectest '  and 
it  impressed  me  that  Mr.  Sedgwick's  words  had 
been  remembered  and  repeated  by  Mr.  Bell. 


2Q6        THE  LIFE  OF  ROGER  SHERMAN. 

"  In  the  latter  part  of  General  Scott's  life,  though 
quite  before  the  outbreak  of  the  civil  war,  I  was 
thrown  very  agreeably  in  company  with  the  general 
and  occasionally  with  one  or  two  other  friends,  as 
well  as  at  larger  dinners,  I  listened  to  very  interest- 
ing narratives  and  comments  from  him  about  the 
men  and  events  of  our  Revolutionary  and  follow- 
ing periods.  On  one  occasion  when  two  or  three 
of  us  were  dining  together  with  General  Scott  at 
the  Union  Club,  he  made  the  following  reference  to 
Roger  Sherman  in  relation  to  the  actors  in  the 
Revolution  and  the  formation  of  the  new  govern- 
ment. He  said,  '  I  think  Roger  Sherman  is  en- 
titled to  be  considered  as  the  fourth  man  in  these 
transactions  embracing  the  whole  revolutionary 
period  and  the  formation  of  the  new  government. 
The  only  three  that  can  be  placed  before  him  are 
Washington,  John  Adams,  and  '  —  the  third  whose 
name  I  cannot  completely  recall  as  to  whether  it 
was  Patrick  Henry  or  Madison.  He  added,  '  I 
leave  aside  the  name  of  Jefferson  as  his  participa- 
tion in  these  events  made  so  famous  by  his  author- 
ship of  the  Declaration  of  Independence,  did  not 
show  as  large  and  continuous  connection  with  the 
whole  period  to  which  I  am  referring  as  these  four 
men  whom  I  have  named.'  General  Scott  showed 
very  thorough  acquaintance  with  all  the  important 
events  in  the  whole  series,  and  his  comments  upon 
the  different  actors  in  them  showed  that  he  had 
given  these  matters  much  reflection." 

The  estimate  of  Mr.  Sherman  by  President  Stiles 
has  been  given  in  the  chapter  next  preceding  this. 

As  Mr.  Sherman  was  destitute  of  those  shining 


CONCLUSION.  297 

qualities  which  are  essential  to  the  success  of  the 
orator,  the  enquiry  naturally  arises,  wherein  did  his 
strength  consist?  The  opinions  of  his  contempora- 
ries which  we  have  just  cited  show  that  the  quality 
which  most  impressed  them  was  his  good  sense. 
Ordinarily  we  think  of  this  as  a  valuable  quality  in 
the  practical  affairs  of  life,  but  not  as  one  which 
elevates  a  man  to  the  highest  rank.  But  in  Roger 
Sherman  the  quality  of  good  sense  was  so  highly 
developed  that  it  resembled  genius.  He  had  a 
clearer  perception  than  most  men  of  the  rights  and 
duties  of  men  in  civil  society,  and  of  the  best 
means  of  securing  the  one,  and  enforcing  the 
other.  He  had  a  remarkable  sagacity  in  judging, 
not  only  what  measures  were  best  for  a  community, 
but  what  the  people  were  willing  to  bear.  His  in- 
fluence over  men  was  greatly  strengthened  by  his 
strong  sense  of  justice  ;  and  his  remarkable  success 
in  so  often  securing  the  adoption  of  the  measures 
he  advocated  was  owing  to  the  fact  that  he  was  be- 
lieved to  be,  not  only  a  wise  man,  but  a  wise  man 
striving  to  do  right. 

Another  source  of  his  power,  was  a  self-control, 
and  evenness  of  temper,  and  catholicity  of  spirit, 
which  enabled  him  to  keep  on  good  terms  with 
those  from  whom  he  differed,  even  on  theological 
questions. 

These  qualities  were  seen  in  their  highest  mani- 
festation, and  in  their  niost  beneficent  effects,  in 
the  Constitutional  Convention  of  1787.  By  his 
firm  but  conciliatory  spirit  he  carried  through  that 
great  compromise  in  reference  to  representation  in 
the  two  Houses  of  Congress,  without  which  no 


298     THE  LIFE  OF  ROGER  SHERMAN. 

constitution  would  have  been  formed,  or,  if  formed, 
would  have  been  adopted. 

Mr.  Sherman  remarked  to  his  family  that,  before 
he  had  attained  the  age  of  twenty-one,  he  learned 
to  control  and  govern  his  passions ;  and  this  im- 
portant achievement  he  ascribed,  in  a  considerable 
degree,  to  the  perusal  of  Dr.  Watts's  excellent 
treatise  on  the  subject.  His  passions  were  natu- 
rally strong,  but  he  obtained  such  a  mastery  over 
them,  that  he  was  habitually  calm,  sedate,  and 
self-governed. 

Many  anecdotes  are  related  of  his  self-control. 
At  family  prayers,  he  boxed  the  ears  of  one  of  the 
children  who  was  making  a  disturbance.  There- 
upon his  mother,  whose  mind  had  become  en- 
feebled by  age,  walked  across  the  room,  and  boxed 
his  ears,  saying,  "  You  strike  your  child,  and  I 
strike  mine."  The  worship  went  on  as  if  nothing 
had  happened. 

A  farmer  called  at  the  house  one  day  to  sell 
some  cider.  Mr.  Sherman  having  made  some  en- 
quiry about  the  quality  of  the  cider,  the  farmer 
stormed  and  swore  at  a  furious  rate.  Finding  Mr. 
Sherman  perfectly  unmoved  at  his  tirade,  he  looked 
up  at  him  in  astonishment,  exclaiming,  "The  Devil 
himself  could  n't  provoke  you." 

His  house  was  opposite  the  college  grounds, 
and  he  was  accustomed  to  sit  at  his  desk,  by  the 
front  window.  One  day  a  roguish  student,  on  the 
college  grounds,  with  a  piece  of  looking-glass 
flashed  the  sunlight  in  the  old  gentleman's  eyes. 
Mr.  Sherman  quietly  rose,  closed  the  blind,  and 
resumed  his  work. 


CONCLUSION.  299 

An  heirloom  silver  tankard  had  been  lost  or 
stolen  when  he  was  absent,  and  the  family  hardly 
dared  to  tell  him  of  it.  When  they  gravely  im- 
parted the  news,  he  replied,  "  How  much  anxiety 
and  trouble  is  saved.  We  shall  have  no  more 
trouble  putting  it  away  so  carefully  every  night." 

Mr.  Sherman  had  none  of  that  foolish  pride 
which  makes  a  man  ashamed  of  having  been  en- 
gaged in  a  lowly  occupation  in  early  life,  or  of 
that  other  pride,  equally  foolish,  which  leads  a 
prosperous  man  who  has  risen  from  obscurity,  to 
boast  of  the  contrast  between  his  early  and  his 
later  career.  On  one  occasion,  as  a  member  of  a 
committee  in  the  Continental  Congress  for  investi- 
gating frauds  in  army  contracts,  he  showed  so 
much  practical  knowledge  about  the  manufacture 
of  shoes  that  he  was  asked  how  he  acquired  it. 
He  replied,  "  I  was  formerly  a  shoe-maker  my- 
self." His  pastor  and  friend,  during  the  last 
twenty-four  years  of  his  life,  Dr.  Edwards,  said  of 
him,  "  With  all  his  elevation,  and  all  his  honors, 
he  was  not  at  all  lifted  up,  but  was  perfectly  un- 
moved." He  was  profoundly  grateful  to  his  fellow- 
citizens  for  the  honors  they  conferred  upon  him, 
but  he  seemed  to  value  them  chiefly  for  the  en- 
larged opportunities  they  afforded  him  of  serving 
the  public. 

Dr.  Edwards,  in  the  sermon  which  he  preached 
at  Mr.  Sherman's  funeral,  thus  speaks  of  his  polit- 
ical services :  "  For  usefulness  and  excellence  in 
this  line,  he  was  qualified,  not  only  by  his  acute 
discernment  and  sound  judgment  but  especially 
by  his  knowledge  of  human  nature.  He  had  a 


30O  THE  LIFE   OF  ROGER  SHERMAN. 

happy  talent  of  judging  what  was  feasible  and 
what  was  not  feasible,  or  what  men  would  bear 
and  what  they  would  not  bear  in  government. 
And  he  had  a  rare  talent  of  prudence,  or  of  timing 
and  adapting  his  measures  to  the  attainment  of  his 
end.  By  this  talent,  by  his  perseverance  and  his 
indefatigable  application,  together  with  his  general 
good  sense  and  known  integrity,  he  seldom  failed 
in  carrying  every  point  in  government  which  he 
undertook,  and  which  he  esteemed  important  to 
the  public  good." 

One  of  the  most  interesting  things  about  Mr. 
Sherman  is  that  fairness  and  openness  of  mind 
which  kept  him  fresh  and  vigorous  to  the  end. 
With  each  re-perusal  of  the  debates  in  the  Consti- 
tutional Convention  of  1 787, 1  have  been  more  and 
more  impressed  with  the  progress  he  made  in  the 
course  of  those  debates.  He  entered  the  Conven- 
tion as  a  strong  confederate :  he  left  it  as  a  firm 
nationalist.  Although  sixty-eight  years  of  age 
when  he  entered  the  House  of  Representatives, 
the  speeches  he  made  on  the  tariff  and  the  pub- 
lic credit  were  the  best  he  ever  made,  and  were 
not  surpassed  by  those  of  any  of  his  fellow- 
members. 

John  C.  Hamilton,  in  his  "  History  of  the  Repub- 
lic," after  speaking  of  the  objections  to  the  assump- 
tion of  the  State  debts  made  by  certain  members 
of  Congress,  thus  refers  to  Mr.  Sherman's  speech 
in  reply :  "  These  objections  were  replied  to  in  a 
very  able  speech  by  Roger  Sherman.  The  early 
position  held  by  Sherman  in  the  public  estimation 
is  shown  by  the  fact  that  he  was  appointed  one  of 


CONCLUSION.  3OI 

the  committee  of  five  members  to  draw  the  Decla- 
ration of  Independence.  In  the  several  Congresses 
elected  during  the  Revolutionary  War,  he  is  seen 
to  have  filled  a  conspicuous  place ;  and  when  that 
body,  sinking  in  importance,  confided  its  duties  to 
a  committee  of  the  States,  he  was  selected  of  that 
committee.  Chosen  a  member  of  the  Federal  Con- 
vention, his  course  in  that  body  shows  the  workings 
of  a  mind  alive  to  the  necessity  of  an  enlargement 
of  the  powers  of  the  government,  but  restrained  as 
to  its  organization  by  the  opinions  and  prejudices 
of  the  State  he  represented.  In  the  compromises 
which  were  adopted  between  State  influence  and 
popular  rights,  his  mind  advanced  with  the  ad- 
vancing opinions  of  the  convention  towards  a 
National  Government;  and  though  the  shackels 
of  State  opinions  were  not  entirely  thrown  oft",  yet 
in  all  questions  touching  the  great  powers  of  na- 
tional defence,  commerce,  revenue,  public  justice, 
his  views  were  broad  and  explicit.  As  to  the 
debts  incurred  by  the  States  for  the  general  cause, 
he  would  have  provided,  in  the  Constitution,  a 
large  and  equal  rule." 

In  the  "Life  and  Writings  "  of  Jared  Sparks  (Vol. 
I,  page  523)  is  an  extract  from  Mr.  Sparks's  Jour- 
nal, dated  October  5,  1826,  in  which,  giving  an 
account  of  a  visit  to  Ebenezer  Baldwin,  of  Albany, 
he  says :  "  Mr.  Baldwin  showed  me  the  corre- 
spondence between  John  Adams  and  Roger  Sher- 
man on  a  point  in  the  Constitution  of  the  United 
States,  particularly  that  relating  to  the  President's 
negative.  It  is  a  rencounter  of  deep,  keen  minds, 
and  I  shall  take  a  copy.  Mr.  Baldwin  has  the 


3O2     THE  LIFE  OF  ROGER  SHERMAN. 

originals,  being  the  grandson  of  Sherman.  The 
argument  is  well  sustained  on  both  sides,  and  in  a 
manner  particularly  characteristic  of  the  two  men. 
Adams  had  the  wrong  side,  and  experience  has 
shown  his  objections  to  be  imaginary."  In  an- 
other passage  in  the  same  Journal,  Mr.  Sparks 
says,  "  Sherman  was  a  self-taught  man,  but  has 
rarely  been  excelled  in  native  good  sense,  sound- 
ness of  judgment,  singleness  of  heart,  and  upright- 
ness of  character." 

George  Bancroft,  in  his  History  of  the  Consti- 
tution of  the  United  States  (Vol.  II.  pp.  48-50), 
speaking  of  the  members  of  the  Constitutional 
Convention  of  1787,  says:  "Roger  Sherman  was 
a  unique  man.  No  one  in  the  convention  had  so 
large  an  experience  in  legislating  for  the  United 
States.  .  .  .  There  was  in  him  kindheartedness  and 
industry,  penetration  and  close  reasoning,  an  un- 
clouded intellect,  superiority  to  passion,  intrepid 
patriotism,  solid  judgment,  and  a  directness  which 
went  straight  to  its  end.  ...  In  the  convention  he 
never  made  long  speeches,  but  would  intuitively 
seize  on  the  turning  point  of  a  question,  and  pre- 
sent it  in  terse  language,  which  showed  his  own 
opinion  and  the  strength  on  which  it  rested." 

In  his  "  Plea  for  the  Constitution,"  Mr.  Bancroft 
speaks  of  those  "  Master-builders  of  the  Constitu- 
tion, Roger  Sherman,  George  Washington,  Charles 
Cotesworth  Pinckney,  James  Madison,  and  Alex- 
ander Hamilton." 

No  great  man  was  ever  more  perfectly  self-edu- 
cated than  Mr.  Sherman;  but  this  did  not  lead 
him  to  undervalue  an  academic  education.  It 


CONCLUSION.  303 

made  him  prize  it  the  more  highly,  for  he  was 
sensible  of  the  difficulties  and  embarrassments 
which  hindered  his  own  progress.  He  assisted 
his  brothers  to  obtain  a  collegiate  education,  and 
four  of  his  own  sons  were  graduated  at  Yale.  Late 
in  life,  he  said  that  if  he  were  to  educate  his  sons 
again  for  either  of  the  three  professions,  he  should 
have  them  give  at  least  one  year's  study  to  each 
of  the  other  two. 

Some  of  the  sayings  of  Mr.  Sherman  which 
have  been  preserved  illustrate  not  only  his  wis- 
dom, but  a  certain  dry  humor,  not  found  in  his 
speeches  or  his  letters.  One  we  have  already 
mentioned,  —  his  proposal  to  present  the  tardy 
messenger  who  brought  the  news  to  Congress  of 
Burgoyne's  surrender,  with  a  pair  of  spurs.  When 
Rhode  Island  was  complaining  of  the  encroach- 
ments of  her  neighbors,  Mr.  Sherman  observed 
that  Rhode  Island  might  annex  Connecticut  if  she 
wished.  The  Continental  Congress  voted  to  build 
a  monument  at  Yorktown,  a  purpose  never  ac- 
complished until  1 88 1.  Somebody  in  the  first 
Congress  complained  of  the  delay.  Mr.  Sherman 
said,  "The  vote  is  the  monument."  Mr.  Sher- 
man used  to  say  that  he  never  liked  to  decide  a 
doubtful  or  perplexing  question  without  submit- 
ting it  for  the  opinion  of  some  intelligent  woman. 
In  his  last  sickness,  the  friends,  having  decided 
to  have  a  consultation  of  physicians,  asked  him  if 
he  would  object.  He  replied,  with  a  smile,  "  No, 
I  don't  object;  only  I  have  noticed  that  in  such 
cases  the  patient  generally  dies."  When  invited 
to  make  a  speech  at  the  opening  of  a  new  bridge, 


304  THE  LIFE   OF  ROGER  SHERMAN. 

—  after  inspecting  it  and  walking  across  it  he  re- 
maked,  "  I  don't  see  but  it  stands  steady." 

When  a  young  man,  just  entering  upon  a  legis- 
lative career,  called  upon  him  for  advice,  Mr. 
Sherman  said,  "  When  you  are  in  a  minority,  talk ; 
when  you  are  in  a  majority,  vote." 

One  anecdote  about  Mr.  Sherman  has  had  a 
good  deal  of  currency,  but  has  no  foundation  in 
fact.  It  is  this, — that  John  Randolph,  provoked 
at  something  Mr.  Sherman  said  in  debate,  asked 
him  what  had  become  of  his  leather  apron.  To 
which  Mr.  Sherman  replied,  "  Cut  it  up  into  moc- 
casins for  the  descendants  of  Pocahontas."  As 
John  Randolph  was  only  twenty  years  old  when 
Mr.  Sherman  died,  and  did  not  enter  Congress  till 
six  years  after  that  event,  we  shall  have  to  give  up 
this  anecdote,  and  we  can  do  so  without  any  sense 
of  loss. 

John  Randolph  did,  however,  allude  to  Mr. 
Sherman,  in  a  speech  in  the  House  of  Represent- 
atives, on  February  I,  1828,  which  showed  his 
high  regard  for  him.  Speaking  of  the  superiority 
in  public  affairs  of  men  of  practical  sense  over  men 
of  mere  book  learning,  Mr.  Randolph  said,  "  Sir, 
who  would  make  the  better  leader,  in  a  period  of 
great  public  emergency,  —  old  Roger  Sherman,  or 
a  certain  very  learned  gentleman  from  New  York, 
whom  we  once  had  here,  who  knew  everything 
in  the  world  for  which  man  has  no  occasion, 
and  nothing  in  the  world  for  which  man  has 
occasion?  " 

Dr.  Edwards  says  of  Mr.  Sherman,  "  His  per- 
son was  tall,  unusually  erect  and  well  proportioned, 


CONCLUSION.  305 

and  his  countenance  agreeable  and  manly."  His 
portrait  shows  him  to  have  had  a  fair  complexion, 
blue  eyes,  and  br,own  hair. 

In  private  life,  though  he  was  naturally  reserved 
and  of  few  words,  yet  in  conversation  on  matters 
of  importance  he  was  free  and  communicative. 
Judge  Jeremiah  Smith  said  of  him  that  "  it  was  a 
great  treat  to  hear  him  converse."  He  was  natu- 
rally modest;  and  this  disposition,  increased  per- 
haps by  the  deficiencies  of  his  early  education,  often 
wore  the  appearance  of  bashfulness.  In  large 
companies,  it  is  said,  he  appeared  obviously  em- 
barrassed, and  his  speech  was  often  slow  and  hesi- 
tating. It  was  this  reserve  and  bashfulness,  joined 
perhaps  at  times  to  a  certain  absent-mindedness, 
which  led  some  persons  not  well  acquainted  with 
him  to  think  him  aristocratic. 

The  liveliest  picture  that  has  been  preserved  of 
Mr.  Sherman's  habits  and  manners  is  the  following 
from  the  Autobiography  of  Jeremiah  Mason,  who 
was  a  law  student  in  the  office  of  Judge  Simeon 
Baldwin,  at  New  Haven,  about  1789:  — 

"  I  soon  went  to  New  Haven,  entered  Mr. 
Baldwin's  office,  and  lived  in  his  family.  Then,  as 
at  the  present .  time,  very  little  instruction  in  the 
course  of  study  was  given  in  a  private  office.  I 
spent  a  year  in  Mr.  Baldwin's  office  reading  pretty 
diligently.  My  time  passed  pleasantly ;  I  had  ac- 
cess to  very  good  society.  He  married  a  daughter 
of  the  celebrated  Roger  Sherman  and  lived  near 
him.  He  had  a  family  of  children,  some  near  my 
age.  I  was  often  at  the  house,  and  very  frequently 
saw  Mr.  Sherman.  His  reputation  was  then  at  the 


306     THE  LIFE  OF  ROGER  SHERMAN. 

zenith.  His  manners,  without  apparent  arrogance, 
were  excessively  reserved  and  aristocratic.  His 
habit  was,  in  his  own  house,  when  tea  was  served 
to  company,  to  walk  down  from  his  study  into  the 
room,  take  a  seat  and  sip  his  tea,  of  which  he 
seemed  very  fond,  and  then  rise  and  walk  out  with- 
out speaking  a  word  or  taking  any  manner  of 
notice  of  any  individual.  In  the  street  he  saw  no- 
body, but  wore  his  broad  beaver  pointing  steadily 
to  the  horizon,  and  giving  no  idle  nods.  Still,  I 
fancy  Roger  Sherman  was  capable  of  the  most 
adroit  address  when  his  occasion  required  it. 
Several  years  after  this,  being  in  New  Haven,  I  met 
Mr.  Sherman  in  the  street,  expecting  to  pass  by 
him  unseen,  us  usual :  I  was  surprised  by  his 
stopping  and  kindly  greeting  me,  requesting  me  to 
call  at  his  house  .before  I  left  the  city.  When  I 
called,  he  received  me  most  courteously,  and  in  a 
flattering  manner  congratulated  me  on  my  success 
in  my  profession,  of  which  he  said  he  had  been  in- 
formed. He  then  told  me  that  being  a  member  of 
the  old  Congress  of  the  Confederation  during  the 
time  Vermont  (in  which  State  he  erroneously  sup- 
posed I  was  settled)  was  asserting  against  New 
York  its  claim  to  independence,  believing  the 
claim  just,  he  had  been  an  earnest  advocate  for  it ; 
that  during  the  pendency  of  the  claim,  the  agents 
of  Vermont  often  urged  him  to  accept  grants  of 
land  from  that  State,  which  he  refused,  lest  it 
should  lessen  his  power  to  serve  them.  Now,  as 
their  claim  was  established,  and  the  State  admitted 
into  the  Union,  if  the  people  of  Vermont  continued 
to  feel  disposed  to  make  him  a  grant  of  some  of 


CONCLUSION.  307 

their  ungranted  lands,  as  his  family  was  large  and 
his  property  small  he  had  no  objection  to  accept- 
ing it.  I  was  sorry  to  be  obliged  to  tell  him  that  I 
belonged  to  New  Hampshire  and  not  to  Vermont, 
but  that  living  on  the  borders  of  that  State,  and 
being  much  acquainted  with  many  of  the  inhabit- 
ants, I  would  do  what  I  could  to  have  his  wishes 
complied  with.  This  I  afterwards  did  by  stating 
the  circumstances  to  several  influential  men  of 
Vermont.  They  readily  recognized  the  merit  of 
Mr.  Sherman's  services,  and  said  he  ought  to  have 
a  liberal  grant.  But  I  never  heard  that  anything 
was  done  in  the  matter,  and  presume  his  case 
made  another  item  in  the  history  of  the  ingratitude 
of  republics.  The  time  the  Vermonters  needed 
his  services  was  passed." 

George  Sherman,  the  son  of  Roger  Sherman,  Jr., 
in  a  letter  already  referred  to,  thus  speaks  of  his 
grandfather :  "  He  was  so  devoted  to  public  busi- 
ness that  relatives  were  seldom  afforded  more  than 
a  minute  or  two.  That,  he  said,  was  enough  for 
our  affairs."  And  yet  no  man  ever  had  kindlier 
feelings  for  his  relatives,  or  was  more  ready  to  as- 
sist them.  In  the  same  letter,  it  is  stated,  "  Father 
said  that  in  grandfather's  time  and  long  after,  all 
had  kindly  social  feelings  and  regard  for  each 
other."  His  affection  for  his  brothers  and  sisters 
was  extended  to  their  children,  who  were  often 
members  of  his  family. 

In  the  last  mentioned  letter,  it  is  stated  of  Roger 
Sherman  that  "  he  disliked  pretension,  especially 
in  a  seat  or  pew  in  church,  preferring  a  back  seat." 
He  had  no  ear  for  music,  and  disliked  to  have  the 


308  THE  LIFE   OF  ROGER  SHERMAN. 

last  line  in  a  hymn  sung  over  twice.     He  thought 
once  was  enough. 

For  many  years  Mr.  Sherman  was  engaged  in 
mercantile  pursuits,  first  at  New  Milford,  and  after- 
wards at  New  Haven.  The  same  qualities  which 
made  him  a  wise  legislator,  and  an  able  judge, 
made  him  a  prosperous  business  man.  Had  he 
continued  in  business,  instead  of  devoting  himself 
to  public  affairs,  he  would  undoubtedly  have  been 
a  rich  man.  As  it  was,  he  acquired  sufficient 
property  to  live  comfortably,  and  was  able  to  in- 
dulge in  acts  of  beneficence  and  hospitality. 

Senator  Hoar,  in  a  recent  letter  to  me,  relates 
the  following  interesting  incident  illustrating  Mr. 
Sherman's  kindness  of  heart.  "  I  remember  one 
of  my  mother's  stories  of  her  father.  He  came 
into  the  house  one  day,  when  she  was  a  little  girl, 
and  told  her  mother  that  he  had  bought  a  piece  of 
property  which  belonged  to  a  very  poor  neighbor, 
and  was  utterly  worthless  to  him  or  to  anybody. 
He  had  given  a  very  large  price  for  it.  My  grand- 
mother exclaimed,  'Why  Mr.  Sherman,  how 
could  you  give  so  much  for  that?  You  don't 
want  it  in  the  least.'  To  which  grandfather 
answered  that  he  did  not  want  it,  but  that  Mr.  So- 
and-So  was  very  poor,  and  needed  a  new  coat. 
He  thought  it  would  hurt  his  feelings  if  he  offered 
to  give  him  one,  so  he  had  taken  that  way  of  sup- 
plying his  needs." 

It  is  not  strange  that  such  a  man  received  from 
the  people  so  many  honors.  It  would  be  strange 
if  posterity  did  not  keep  his  memory  green.  Ris- 
ing from  the  humblest  rank  to  the  highest  by 


CONCLUSION.  309 

his  own  unaided  efforts;  in  every  upward  step 
keeping  his  head  clear  and  his  heart  pure ;  wear- 
ing his  honors  meekly,  and  using  them  only  for  the 
public  good;  with  a  mind  ever  receptive  of  the 
truth ;  loving  justice,  and  resolute  in  maintaining 
it ;  overthrowing  error  with  a  remorseless  logic,  yet 
ever  tolerant  of  weakness  and  error  in  others ;  — 
he  rendered  to  his  country  the  highest  service  in  its 
most  perilous  hour,  and  left  to  his  countrymen  a 
shining  example  of  that  priceless  truth  that 

"  The  path  of  duty  is  the  way  to  glory." 


APPENDIX. 


i. 


CORRESPONDENCE   BETWEEN    JOHN    ADAMS   AND    ROGER 
SHERMAN  ON  THE  CONSTITUTION. 

John  Adams  to  Roger  Sherman. 

RICHMOND  HILL,  (NEW  YORK,)  17  July,  1789. 

DEAR  SIR,  —  I  read  over,  with  pleasure,  your  observa- 
tions on  the  new  federal  constitution,  and  am  glad  to  find 
an  opportunity  to  communicate  to  you  my  opinion  of 
some  parts  of  them.  It  is  by  a  free  and  amicable  inter- 
course of  sentiments,  that  the  friends  of  our  country  may 
hope  for  such  a  unanimity  of  opinion  and  such  a  concert 
of  exertions,  as  may  sooner  or  later  produce  the  blessings 
of  good  government. 

You  say,  "  It  is  by  some  objected  that  the  executive  is 
blended  with  the  legislature,  and  that  those  powers  ought 
to  be  entirely  distinct  and  unconnected.  But  is  not  that 
a  gross  error  in  politics  ?  The  united  wisdom  and  various 
interests  of  a  nation  should  be  combined  in  framing  the 
laws  by  which  all  are  to  be  governed  and  protected, 
though  it  should  not  be  convenient  to  have  them  exe- 

O 

cuted  by  the  whole  legislature.  The  supreme  executive 
in  Great  Britain  is  one  branch  of  the  legislature,  and  has 
a  negative  on  all  the  laws  ;  perhaps  that  is  an  extreme  not 
to  be  imitated  by  a  republic  ;  but  the  negative  vested  in 


3  1 2  APPENDIX. 

the  president  by  the  new  constitution  on  the  acts  of  con- 
gress, and  the  consequent  revision,  may  be  very  useful  to 
prevent  laws  being  passed  without  mature  deliberation, 
and  to  preserve  stability  in  the  administration  of  govern- 
ment ;  and  the  concurrence  of  the  senate  in  the  appoint- 
ment to  office  will  strengthen  the  hands  of  the  executive, 
and  secure  the  confidence  of  the  people  much  better 
than  a  select  council,  and  will  be  less  expensive." 

Is  it,  then,  "  an  extreme  not  to  be  imitated  by  a  re- 
public," to  make  the  supreme  executive  a  branch  of  the 
legislature,  and  give  it  a  negative  on  all  the  laws?  If  you 
please,  we  will  examine  this  position,  and  see  whether  it 
is  well  founded.  In  the  first  place,  what  is  your  defini- 
tion of  a  republic  ?  Mine  is  this :  A  government  whose 
sovereignty  is  vested  in  more  than  one  person.  Govern- 
ments are  divided  into  despotisms,  monarchies  and  repub- 
lics. A  despotism  is  a  government  in  which  the  three 
divisions  of  power,  the  legislative,  executive  and  judicial, 
are  all  vested  in  one  man.  A  monarchy  is  a  government 
where  the  legislative  and  executive  are  vested  in  one  man, 
but  the  judicial  in  other  men.  In  all  governments  the 
sovereignty  is  vested  in  that  man  or  body  of  men  who 
have  the  legislative  power.  In  despotisms  and  monar- 
chies, therefore,  the  legislative  authority  being  in  one 
man,  the  sovereignty  is  in  one  man.  In  republics,  as  the 
sovereignty,  that  is,  the  legislative,  is  always  vested  in 
more  than  one,  it  may  be  vested  in  as  many  more  as 
you  please.  In  the  United  States  it  might  be  vested  in 
two  persons,  or  in  three  millions,  or  in  any  other  inter- 
mediate number ;  and  in  every  such  supposable  case  the 
government  would  be  a  republic.  In  conforming  to  these 
ideas,  republics  have  been  divided  into  three  species, 
monarchical,  aristocratical.  and  democratical  republics. 
England  is  a  republic,  a  monarchical  republic  it  is  true, 
but  a  republic  still ;  because  the  sovereignty,  which  is  the 


APPENDIX.  313 

legislative  power,  is  vested  in  more  than  one  man ;  it  is 
equally  divided,  indeed,  between  the  one,  the  few,  and 
the  many,  or  in  other  words,  between  the  natural  division 
of  mankind  in  society,  —  the  monarchical,  the  aristocrat- 
ical,  and  democratical.  It  is  essential  to  a  monarchical 
republic,  that  the  supreme  executive  should  be  a  branch 
of  the  legislature,  and  have  a  negative  on  all  the  laws.  I 
say  essential,  because  if  monarchy  were  not  an  essential 
part  of  the  sovereignty,  the  government  would  not  be  a 
monarchical  republic.  Your  position  is  therefore  clearly 
and  certainly  an  error,  because  the  practice  of  Great 
Britain  in  making  the  supreme  executive  a  branch  of  the 
legislature,  and  giving  it  a  negative  on  all  the  laws,  must 
be  imitated  by  every  monarchical  republic. 

I  will  pause  here,  if  you  please ;  but  if  you  will  give 
me  leave,  I  will  write  another  letter  or  two  upon  this  sub- 
ject.    Meantime  I  am,  with  unalterable  friendship, 
Yours, 

JOHN  ADAMS. 

DEAR  SIR,  —  In  my  letter  of  yesterday  I  think  it  was 
demonstrated  that  the  English  government  is  a  republic, 
and  that  the  regal  negative  upon  the  laws  is  essential 
to  that  republic.  Because,  without  it,  that  government 
would  not  be  what  it  is,  a  monarchical  republic ;  and, 
consequently,  could  not  preserve  the  balance  of  power 
between  the  executive  and  legislative  powers,  nor  that 
other  balance  which  is  in  the  legislature,  —  between  the 
one,  the  few,  and  the  many ;  in  which  two  balances  the 
excellence  of  that  form  of  government  must  consist. 

Let  us  now  inquire,  whether  the  new  constitution  of 
the  United  States  is  or  is  not  a  monarchical  republic,  like 
that  of  Great  Britain.  The  monarchical  and  the  aristo- 
cratical  power  in  our  constitution,  it  is  true,  are  not 
hereditary ;  but  this  makes  no  difference  in  the  natnre 


314  APPENDIX. 

of  the  power,  in  the  nature  of  the  balance,  or  in  the 
name  of  the  species  of  government.  It  would  make  no 
difference  in  the  power  of  a  judge  or  justice,  or  general 
or  admiral,  whether  his  commission  were  for  life  or  years. 
His  authority  during  the  time  it  lasted,  would  be  the  same 
whether  it  were  for  one  year  or  twenty,  or  for  life,  or  de- 
scendible to  his  eldest  son.  The  people,  the  nation,  in 
whom  all  power  resides  originally,  may  delegate  their 
power  for  one  year  or  for  ten  years;  for  years,  or  for 
life ;  or  may  delegate  it  in  fee  simple  or  fee  tail,  if  I  may 
so  express  myself;  or  during  good  behavior,  or  at  will, 
or  till  further  orders. 

A  nation  might  unanimously  create  a  dictator  or  a  des- 
pot, for  one  year  or  more,  or  for  life,  or  for  perpetuity 
with  hereditary  descent.  In  such  a  case,  the  dictator  for 
one  year  would  as  really  be  a  dictator  for  the  time  his 
power  lasted,  as  the  other  would  be  whose  power  was 
perpetual  and  descendible.  A  nation  in  the  same  man- 
ner might  create  a  simple  monarchy  for  years,  life,  or 
perpetuity,  and  in  either  case  the  creature  would  be 
equally  a  simple  monarch  during  the  continuance  of  his 
power.  So  the  people  of  England  might  create  king, 
lords,  and  commons,  for  a  year,  or  for  several  years,  or 
for  life,  and  in  any  of  these  cases,  their  government  would 
be  a  monarchical  republic,  or,  if  you  will,  a  limited  mon- 
archy, during  its  continuance,  as  much  as  it  is  now,  when 
the  king  and  nobles  are  hereditary.  They  might  make 
their  house  of  commons  hereditary  too.  What  the  con- 
sequence of  this  would  be  it  is  easy  to  foresee ;  but  it 
would  not  in  the  first  moment  make  any  change  in  the 
legal  power,  nor  in  the  name  of  the  government. 

Let  us  now  consider  what  our  constitution  is,  and  see 
whether  any  other  name  can  with  propriety  be  given  it, 
than  that  of  a  monarchical  republic,  or  if  you  will,  a  lim- 
ited monarchy.  The  duration  of  our  president  is  neither 


APPENDIX.  315 

perpetual  nor  for  life ;  it  is  only  for  four  years ;  but  his 
power  during  those  years  is  much  greater  than  that  of  an 
avoyer,  a  consul,  a  podesta,  a  doge,  a  stadtholder;  nay, 
than  a  king  of  Poland ;  nay,  than  a  king  of  Sparta.  I 
know  of  no  first  magistrate  in  any  republican  government 
excepting  England  and  Neuchatel,  who  possesses  a  consti- 
tutional dignity,  authority,  and  power  comparable  to  his. 
The  power  of  sending  and  receiving  ambassadors,  of  rais- 
ing and  commanding  armies  and  navies,  of  nominating 
and  appointing  and  commissioning  all  officers,  of  manag- 
ing the  treasures,  the  internal  and  external  affairs  of  the 
nation ;  nay,  the  whole  executive  power,  coextensive  with 
the  legislative  power,  is  vested  in  him,  and  he  has  the 
right,  and  his  is  the  duty,  to  take  care  that  the  laws  be 
faithfully  executed.  These  rights  and  duties,  these  pre- 
rogatives and  dignities,  are  so  transcendent  that  they 
must  naturally  and  necessarily  excite  in  the  nation  all 
the  jealousy,  envy,  fears,  apprehensions,  and  opposition, 
that  are  so  constantly  observed  in  England  against  the 
crown. 

That  these  powers  are  necessary,  I  readily  admit. 
That  the  laws  cannot  be  executed  without  them  ;  that  the 
lives,  liberties,  properties  and  characters  of  the  citizens 
cannot  be  secure  without  their  protection,  is  most  clear. 
But  it  is  equally  certain,  I  think,  that  they  ought  to  have 
been  still  greater,  or  much  less.  The  limitations  upon 
them  in  the  cases  of  war,  treaties,  and  appointments  to 
office,  and  especially  the  limitation  on  the  president's  in- 
dependence as  a  branch  of  the  legislative,  will  be  the 
destruction  of  this  constitution,  and  involve  us  in  anarchy, 
if  not  amended.  I  shall  pass  over  all  particulars  for  the 
present,  except  the  last ;  because  that  is  now  the  point  in 
dispute  between  you  and  me.  Longitude  and  the  philoso- 
pher's stone,  have  not  been  sought  with  more  earnestness 
by  philosophers  than  a  guardian  of  the  laws  has  been 


316  APPENDIX. 

studied  by  legislators  from  Plato  to  Montesquieu ;  but 
every  project  has  been  found  to  be  no  better  than  com- 
mitting the  lamb  to  the  custody  of  the  wolf,  except  that 
one  which  is  called  a  balance  of  power.  A  simple 
sovereignty  in  one,  a  few,  or  many,  has  no  balance,  and 
therefore  no  laws.  A  divided  sovereignty  without  a  bal- 
ance, or  in  other  words,  where  the  division  is  unequal,  is 
always  at  war,  and  consequently  has  no  laws.  In  our 
constitution  the  sovereignty,  —  that  is,  the  legislative 
power,  —  is  divided  into  three  branches.  The  house  and 
senate  are  equal,  but  the  third  branch,  though  essential,  is 
not  equal.  The  president  must  pass  judgment  upon 
every  law;  but  in  some  cases  his  judgment  may  be  over- 
ruled. These  cases  will  be  such  as  attack  his  constitu- 
tional power;  it  is  therefore,  certain  he  has  not  equal 
power  to  defend  himself,  or  the  constitution,  or  the  judi- 
cial power,  as  the  senate  and  house  have. 

Power  naturally  grows.  Why?  Because  human  pas- 
sions are  insatiable.  But  that  power  alone  can  grow 
which  already  is  too  great ;  that  which  is  unchecked ; 
that  which  has  no  equal  power  to  control  it.  The  legisla- 
tive power,  in  our  constitution,  is  greater  than  the  execu- 
tive ;  it  will,  therefore,  encroach,  because  both  aristocratical 
and  democratical  passions  are  insatiable.  The  legislative 
power  will  increase,  the  executive  will  diminish.  In  the 
legislature,  the  monarchical  power  is  not  equal  either  to 
the  aristocratical  or  democratical ;  it  will,  therefore,  de- 
crease, while  the  other  will  increase.  Indeed,  I  think 
aristocratical  power  is  greater  than  either  the  monarchical 
or  democratical.  That  will,  therefore,  swallow  up  the 
other  two. 

In  my  letter  of  yesterday,  I  think  it  was  proved,  that 
a  republic  might  make  the  supreme  executive  an  integral 
part  of  the  legislature.  In  this,  it  is  equally  demonstrated, 
as  I  think,  that  our  constitution  ought  to  be  amended  by 


APPENDIX.  317 

a  decisive  adoption  of  that  expedient.     If  you  do  not 
forbid  me,  I  shall  write  to  you  again. 

DEAR  SIR,  —  There  is  a  sense  and  degree  in  which  the 
executive,  in  our  constitution,  is  blended  with  the  legisla- 
ture. The  president  has  the  power  of  suspending  a  law  ;  of 
giving  the  two  houses  an  opportunity  to  pause,  to  think, 
to  collect  themselves;  to  reconsider  a  rash  step  of  a  ma- 
jority. He  has  a  right  to  urge  all  his  reasons  against  it,  by 
speech  or  message  ;  which,  becoming  public,  is  an  appeal 
to  the  nation.  But  the  rational  objection  here  is  not  that 
the  executive  is  blended  with  the  legislature,  but  that  it  is 
not  enough  blended  ;  that  it  is  not  incorporated  with  it, 
and  made  an  essential  part  of  it.  If  it  were  an  integral 
part  of  it,  it  might  negative  a  law  without  much  noise, 
speculation,  or  confusion  among  the  people.  But  as  it 
now  stands,  I  beg  you  to  consider  it  is  almost  impossible, 
that  a  president  should  ever  have  the  courage  to  make 
use  of  his  partial  negative.  What  a  situation  would  a 
president  be  in  to  maintain  a  controversy  against  a 
majority  of  both  houses  before  a  tribunal  of  the  public ! 
To  put  a  stop  to  a  law  that  more  than  half  the  senate  and 
house,  and  consequently,  we  may  suppose  more  than  half 
the  nation,  have  set  their  hearts  upon  !  It  is,  moreover, 
possible,  that  more  than  two  thirds  of  the  nation,  the 
senate,  and  house  may,  in  times  of  calamity,  distress,  mis- 
fortune, and  ill  success  of  the  measures  of  government, 
from  the  momentary  passion  and  enthusiasm,  demand  a 
law  which  will  wholly  subvert  the  constitution.  The  con- 
stitution of  Athens  was  overturned  in  such  a  manner  by 
Aristides  himself.  The  constitution  should  guard  against 
a  possibility  of  its  subversion  ;  but  we  may  take  stronger 
ground,  and  assert  that  it  is  probable  such  cases  will  hap- 
pen, and  that  the  constitution  will,  in  fact,  be  subverted 
in  this  way.  Nay,  I  go  further,  and  say,  that  from  the 


3l8  APPENDIX. 

constitution  of  human  nature,  and  the  constant  course  of 
human  affairs,  it  is  certain  that  our  constitution  will  be 
subverted,  if  not  amended,  and  that  in  a  very  short  time, 
merely  for  want  of  a  decisive  negative  in  the  executive. 

There  is  another  sense  and  another  degree  in  which 
the  executive  is  blended  with  the  legislature,  which  is 
liable  to  great  and  just  objection ;  which  excites  alarms, 
jealousies,  and  apprehensions,  in  a  very  great  degree.  I 
mean,  ist,  the  negative  of  the  senate  upon  appointment 
to  office ;  2nd,  the  negative  of  the  senate  upon  treaties ; 
and  3rd,  the  negative  of  the  two  houses  upon  war.  I 
shall  confine  myself  at  present,  to  the  first.  The  negative 
of  the  senate  upon  appointments  is  liable  to  the  following 
objections :  — 

1.  It  takes  away,  or,  at  least,  it  lessens  the  responsibility 
of  the  executive.     Our  constitution  obliges  me   to  say, 
that  it  lessens  the  responsibility  of  the  president.     The 
blame  of  an  injudicious,  weak,  or  wicked  appointment,  is 
shared  so  much  between  him  and  the  senate,  that  his  part 
of  it  will  be  too  small.     Who  can  censure  him,  without 
censuring  the  senate,  and  the  legislatures  who  appoint 
them  ?     All  their  friends  will  be  interested  to  vindicate  the 
president,  in  order  to  screen  them  from  censure.     Be- 
sides,  if  an  impeachment  against  an  officer  is  brought 
before  them,  are  they  not  interested  to  acquit  him,  lest 
some  part  of  the  odium  of  his  guilt  should  fall  upon 
them,  who  advised  to  his  appointment? 

2.  It  turns  the  minds  and  attention  of  the  people  to 
the  senate,  a  branch  of  the  legislature,  in  executive  mat- 
ters.    It  interests  another  branch  of  the  legislature  in  the 
management  of  the  executive.     It  divides  the  people  be- 
tween the  executive  and   the   senate ;    whereas   all  the 
people  ought  to  be  united  to  watch   the  executive,  to 
oppose  its  encroachments,  and  resist  its  ambition.     Sena- 
tors and  representatives,  and  their  constituents,  in  short, 


'APPENDIX.  321 

the  aristocratical  and  democratical  divisions  of  society 
ought  to  be  united  on  all  occasions  to  oppose  the  exec- 
utive or  the  monarchical  branch  when  it  attempts  to 
overleap  its  limits.  But  how  can  this  union  be  effected, 
when  the  aristocratical  branch  has  pledged  its  reputation 
to  the  executive,  by  consenting  to  an  appointment  ? 

3.  It  has  a  natural  tendency  to  excite  ambition  in  the 
senate.  An  active,  ardent  spirit,  who  is  rich  and  able, 
and  has  a  great  reputation  and  influence,  will  be  solicited 
by  candidates  for  office.  Not  to  introduce  the  idea  of 
bribery,  because,  though  it  certainly  would  force  itself  in, 
in  other  countries,  and  will  probably  here,  when  we  grow 
populous  and  rich,  it  is  not  yet  to  be  dreaded,  I  hope, 
ambition  must  come  in  already.  A  senator  of  great  in- 
fluence will  be  naturally  ambitious  and  desirous  of  increas- 
ing his  influence.  Will  he  not  be  under  a  temptation  to 
use  his  influence  with  the  president  as  well  as  his  brother 
senators,  to  appoint  persons  to  office  in  the  several  states, 
who  will  exert  themselves  in  elections,  to  get  out  his  ene- 
mies, or  opposers  both  in  senate  and  house  of  represen- 
atives,  and  to  get  in  his  friends,  perhaps  his  instruments? 
Suppose  a  senator  to  aim  at  the  treasury  office  for  him- 
self, his  brother,  father,  or  son.  Suppose  him  to  aim  at 
the  president's  chair,  or  vice-president's,  at  the  next  elec- 
tion, or  at  the  office  of  war,  foreign,  or  domestic  affairs. 
Will  he  not  naturally  be  tempted  to  make  use  of  his  whole 
patronage,  his  whole  influence,  in  advising  to  appoint- 
ments, both  with  president  and  senators,  to  get  such 
persons  nominated  as  will  exert  themselves  in  elections 
of  president,  vice-president,  senators,  and  house  of  repre- 
sentatives, to  increase  his  interest  and  promote  his  views  ? 
In  this  point  of  view,  I  am  very  apprehensive  that  this 
defect  in  our  constitution  will  have  an  unhappy  tendency 
to  introduce  corruption  of  the  grossest  kinds,  both  of 
ambition  and  avarice,  into  all  our  elections,  and  this  will 


320  APPENDIX. 

,be  the  worst  of  poisons  to  our  government.  It  will  not 
only  destroy  the  present  form  of  government,  but  render 
it  almost  impossible  to  substitute  in  its  place  any  free 
government,  even  a  better  limited-monarchy,  or  any  other 
than  a  despotism  or  a  simple  monarchy. 

4.  To  avoid  the  evil  under  the  last  head,  it  will  be  in 
danger  of  dividing  the  continent  into  two  or  three  nations, 
a  case  that  presents  no  prospect  but  of  perpetual  war. 

5.  This  negative  on  appointments  is  in  danger  of  in- 
volving the  senate  in   reproach,  censure,   obloquy,  and 
suspicion,  without  doing  any  good.     Will  the  senate  use 
their  negative,  or  not  ?     If  not,  why  should  they  have  it  ? 
Many  will  censure  them  for  not  using  it ;  many  will  ridi- 
cule them,  and  call  them  servile,   &c.     If  they  do  use 
it,  the  very  first  instance  of  it  will  expose  the  senators  to 
the  resentment  of  not   only  the  disappointed  candidate 
and  all  his  friends,  but  of  the  president  and  all  his  friends, 
and  these   will  be  most  of  the  officers   of  government, 
through  the  nation. 

6.  We  shall  very  soon  have  parties  formed  ;  a  court 
and  country  party,  and  these  parties  will  have  names  given 
them.     One  party  in  the  house   of  representatives  will 
support  the  president  and  his  measures  and  ministers ; 
the  other  will  oppose  them.     A  similar  party  will  be  in 
the  senate  ;    these  parties  will  study  with  all  their  arts, 
perhaps  with  intrigue,  perhaps  with  corruption,  at  every 
election  to  increase  their  own  friends  and  diminish  their 
opposers.     Suppose  such  parties  formed  in  the  senate, 
and  then  consider  what  factious  divisions  we  shall  have 
there  upon  every  nomination. 

7.  The  senate  have  not  time.     The  convention  and 
Indian  treaties. 

You  are  of  opinion  "  that  the  concurrence  of  the 
senate  in  the  appointments  to  office,  will  strengthen 
the  hands  of  the  executive,  and  secure  confidence  of 


APPENDIX.  321 

the  people,  much  better  than  a  select  council,  and  will 
be  less  expensive." 

But  in  every  one  of  these  ideas,  I  have  the  misfortune 
to  differ  from  you. 

It  will  weaken  the  hands  of  the  executive,  by  lessening 
the  obligation,  gratitude,  and  attachment  of  the  candidate 
to  the  president,  by  dividing  his  attachment  between  the 
executive  and  legislative,  which  are  natural  enemies. 
Officers  of  government,  instead  of  having  a  single  eye 
and  undivided  attachment  to  the  executive  branch,  as 
they  ought  to  have,  consistent  with  the  law  and  the  con- 
stitution, will  be  constantly  tempted  to  be  factious  with 
their  factious  patrons  in  the  senate.  The  president's 
own  officers,  in  a  thousand  instances,  will  oppose  his  just 
and  constitutional  exertions,  and  screen  themselves  under 
the  wings  of  their  patrons  and  party  in  the  legislature. 
Nor  will  it  secure  the  confidence  of  the  people.  The 
people  will  have  more  confidence  in  the  executive,  in 
executive  matters,  than  in  the  senate.  The  people  will 
be  constantly  jealous  of  factious  schemes  in  the  senators 
to  unduly  influence  the  executive,  to  serve  each  other's 
private  views.  The  people  will  also  be  jealous  that  the 
influence  of  the  senate  will  be  employed  to  conceal,  con- 
nive at,  and  defend  guilt  in  executive  officers,  instead  of 
being  a  guard  and  watch  upon  them,  and  a  terror  to 
them.  A  council,  selected  by  the  president  himself,  at 
his  pleasure,  from  among  the  senators,  representatives, 
and  nation  at  large,  would  be  purely  responsible.  In 
that  case,  the  senate  would  be  a  terror  to  privy  coun- 
sellors ;  its  honor  would  never  be  pledged  to  support 
any  measure  or  instrument  of  the  executive  beyond  jus- 
tice, law,  and  the  constitution.  Nor  would  a  privy  coun- 
cil be  more  expensive.  The  whole  senate  must  now 
deliberate  on  every  appointment,  and  if  they  ever  find 
time  for  it,  you  will  find  that  a  great  deal  of  time  will  be 

21 


322  APPENDIX. 

required  and  consumed  in  this  service.  Then,  the  presi- 
dent might  have  a  constant  executive  council ;  now,  he 
has  none. 

I  said,  under  the  seventh  head,  that  the  senate  would 
not  have  time.  You  will  find  that  the  whole  business  of 
this  government  will  be  infinitely  delayed  by  this  nega- 
tive of  the  senate  on  treaties  and  appointments.  Indian 
treaties  and  consular  conventions  have  been  already  wait- 
ing for  months  and  the  senate  have  not  been  able  to  find 
a  moment  of  time  to  attend  to  them  ;  and  this  evil  must 
constantly  increase.  So  that  the  senate  must  be  con- 
stantly sitting,  and  must  be  paid  as  long  as  they  sit.  .  .  . 
But  I  have  tried  your  patience.  Is  there  any  truth  in 
these  broken  hints  and  crude  surmises,  or  not  ?  To  me 
they  appear  well  founded  and  very  important. 
I  am,  with  usual  affection,  yours, 

JOHN  ADAMS. 

NEW  YORK,  20  July,  1789. 

SIR,  —  I  was  honored  with  your  letters  of  the  seven- 
teenth and  eighteenth  instant,  and  am  much  obliged  to 
you  for  the  observations  they  contain. 

The  subject  of  government  is  an  important  one,  neces- 
sary to  be  well  understood  by  the  citizens,  and  especially 
by  the  legislators  of  these  states.  I  shall  be  happy  to  re- 
ceive further  light  on  the  subject,  and  to  have  any  errors 
that  I  may  have  entertained  corrected. 

I  find  that  writers  on  government  differ  in  their  defini- 
tion of  a  republic.  Entick's  Dictionary  defines  it,  "  A 
commonwealth  without  a  king."  I  find  you  do  not  agree 
to  the  negative  part  of  his  definition.  What  I  meant  by 
it  was,  a  government  under  the  authority  of  the  people, 
consisting  of  legislative,  executive,  and  judiciary  powers  ; 
the  legislative  powers  vested  in  an  assembly,  consisting  of 
one  or  more  branches  who,  together  with  the  executive, 


APPENDIX.  323 

are  appointed  by  the  people,  and  dependent  on  them  for 
continuance,  by  periodical  elections,  agreeably  to  an  estab- 
lished constitution ;  and  that  what  especially  denominates 
it  a  republic  is  its  dependence  on  the  public  or  people  at 
large,  without  any  hereditary  powers.  But  it  is  not  of  so 
much  importance  by  what  appellation  the  government  is 
distinguished,  as  to  have  it  well  constituted  to  secure  the 
rights,  and  advance  the  happiness  of  the  community. 

I  fully  agree  with  you,  sir,  that  it  is  optional  with  the 
people  of  a  state  to  establish  any  form  of  government 
they  please ;  to  vest  the  powers  in  one.  a  few,  or  many, 
and  for  a  limited  or  unlimited  time  ;  and  the  individuals 
of  the  state  will  be  bound  to  yield  obedience  to  such 
government  while  it  continues ;  but  I  am  also  of  opinion, 
that  they  may  alter  their  frame  of  government  when  they 
please,  any  former  act  of  theirs,  however  explicit,  to  the 
contrary  notwithstanding. 

But  what  I  principally  have  in  view,  is  to  submit  to 
your  consideration  the  reasons  that  have  inclined  me  to 
think  that  the  qualified  negative  given  to  the  executive  by 
our  constitution  is  better  than  an  absolute  negative.  In 
Great  Britain,  where  there  are  the  rights  of  the  nobility  as 
well  as  the  rights  of  the  common  people  to  support,  it 
may  be  necessary  that  the  crown  should  have  a  complete 
negative  to  preserve  the  balance  ;  —  but  in  a  republic  like 
ours,  wherein  is  no  higher  rank  than  that  of  common  citi- 
zens, unless  distinguished  by  appointment  to  office,  what 
occasion  can  there  be  for  such  a  balance  ?  It  is  true  that 
some  men  in  every  society  have  natural  and  acquired 
abilities  superior  to  others,  and  greater  wealth.  Yet  these 
give  them  no  legal  claim  to  offices  in  preference  to  others, 
but  will  doubtless  give  them  some  degree  of  influence, 
and  justly,  when  they  are  men  of  integrity ;  and  may 
procure  them  appointments  to  places  of  trust  in  the 
government.  Yet,  they  having  only  the  same  common 


324  APPENDIX. 

rights  with  the  other  citizens,  what  competition  of  inter- 
ests can  there  be  to  require  a  balance?  Besides,  while 
the  real  estates  are  divisible  among  all  the  children,  or 
other  kindred  in  equal  degree,  and  entails  are  not  ad- 
mitted, it  will  operate  as  an  agrarian  law,  and  the  influ- 
ence arising  from  great  estates  in  a  few  hands  or  families 
will  not  exist  to  such  a  degree  of  extent  or  duration  as  to 
form  a  system,  or  have  any  great  effect. 

In  order  to  trace  moral  effects  to  their  causes,  and 
vice  versa,  it  is  necessary  to  attend  to  principles  as  they 
operate  on  men's  minds.  Can  it  be  expected  that  a  chief 
magistrate  of  a  free  and  enlightened  people,  on  whom  he 
depends  for  his  election  and  continuance  in  office, 
would  give  his  negative  to  a  law  passed  by  the  other  two 
branches  of  the  legislature,  if  he  had  power?  But  the 
qualified  negative  given  to  the  executive  by  our  constitu- 
tion, which  is  only  to  produce  a  revision,  will  probably  be 
exercised  on  proper  occasions  ;  and  the  legislature  have 
the  benefit  of  the  president's  reasons  in  their  further  de- 
liberations on  the  subject,  and  if  a  sufficient  number  of 
the  members  of  either  house  should  be  convinced  by  them 
to  put  a  negative  upon  the  bill,  it  would  add  weight  to 
the  president's  opinion,  and  render  it  more  satisfactory  to 
the  people.  But  if  two  thirds  of  the  members  of  each 
house,  after  considering  the  reasons  offered  by  the  presi- 
dent, should  adhere  to  their  former  opinion,  will  not  that 
be  the  most  safe  foundation  to  rest  the  decision  upon? 
On  the  whole,  it  appears  to  me  that  the  power  of  a  com- 
plete negative,  if  given,  would  be  a  dormant  and  useless  one, 
and  that  the  provision  in  the  constitution  is  calculated  to 
operate  with  proper  weight,  and  will  produce  beneficial 
effects. 

The  negative  vested  in  the  crown  of  Great  Britain  has 
never  been  exercised  since  the  Revolution,  and  the  great 
influence  of  the  crown  in  the  legislature  of  that  nation  is 


APPENDIX.  325 

derived  from  another  source,  that  of  appointment  to  all 
offices  of  honor  and  profit,  which  has  rendered  the  power 
of  the  crown  nearly  absolute  ;  so  that  the  nation  is  in  fact 
governed  by  the  cabinet  council,  who  are  the  creatures  of 
the  crown.  The  consent  of  parliament  is  necessary  to 
give  sanction  to  their  measures,  and  this  they  easily  ob- 
tain by  the  influence  aforesaid.  If  they  should  carry 
their  point  so  far  as  directly  to  affect  personal  liberty  or 
private  property,  the  people  would  be  alarmed  and  op- 
pose their  progress ;  but  this  forms  no  part  of  their  sys- 
tem, the  principal  object  of  which  is  revenue,  which  they 
have  carried  to  an  enormous  height.  Wherever  the  chief 
magistrate  may  appoint  to  offices  without  control,  his 
government  may  become  absolute,  or  at  least  aggressive  ; 
therefore  the  concurrence  of  the  senate  is  made  requisite 
by  our  constitution. 

I  have  not  time  or  room  to  add  or  apologize. 

II. 

I  RECEIVED  your  letter  of  the  twentieth  instant.  I  had 
in  mine,  of  the  same  date,  communicated  to  you  my 
ideas  on  that  part  of  the  constitution,  limiting  the  presi- 
dent's power  of  negativing  acts  of  the  legislature ;  and 
just  hinted  some  thoughts  on  the  propriety  of  the  provi- 
sion made  for  the  appointment  to  orifice,  which  I  esteem 
to  be  a  power  nearly  as  important  as  legislation. 

If  that  was  vested  in  the  president  alone,  he  might, 
were  it  not  for  his  periodical  election  by  the  people,  ren- 
der himself  despotic.  It  was  a  saying  of  one  of  the  kings 
of  England,  that  while  the  king  could  appoint  the  bishops 
and  judges,  he  might  have  what  religion  and  law  he 
pleased. 

It  appears  to  me  the  senate  is  the  most  important 
branch  in  the  government,  for  aiding  and  supporting  the 


326  APPENDIX. 

executive,  securing  the  rights  of  the  individual  states,  the 
government  of  the  United  States,  and  the  liberties  of  the 
people.  The  executive  magistrate  is  to  execute  the  laws. 
The  senate,  being  a  branch  of  the  legislature,  will  natu- 
rally incline  to  have  them  duly  executed,  and,  therefore, 
will  advise  to  such  appointments  as  will  best  attain  that 
end.  From  the  knowledge  of  the  people  in  the  several 
states,  they  can  give  the  best  information  as  to  who  are 
qualified  for  office ;  and  though  they  will,  as  you  justly 
observe,  in  some  degree  lessen  his  responsibility,  yet  their 
advice  may  enable  him  to  make  such  judicious  appoint- 
ments as  to  render  responsibility  less  necessary.  The 
senators  being  eligible  by  the  legislatures  of  the  several 
states,  and  dependent  on  them  for  re-election,  will  be 
vigilant  in  supporting  their  rights  against  infringement 
by  the  legislature  or  executive  of  the  United  States ;  and 
the  government  of  the  Union  being  federal,  and  instituted 
by  the  several  states  for  the  advancement  of  their  inter- 
ests, they  may  be  considered  as  so  many  pillars  to  sup- 
port it,  and,  by  the  exercise  of  the  state  governments, 
peace  and  good  order  may  be  preserved  in  places  most 
remote  from  the  seat  of  the  federal  government,  as  well 
as  at  the  centre.  And  the  municipal  and  federal  rights  of 
the  people  at  large  will  be  regarded  by  the  senate,  they 
being  elected  by  the  immediate  representatives  of  the 
people,  and  their  rights  will  be  best  secured  by  a  due 
execution  of  the  laws.  What  temptation  can  the  senate 
be  under  to  partiality  in  the  trial  of  officers  of  whom  they 
had  a  voice  in  the  appointment?  Can  they  be  disposed 
to  favor  a  person  who  has  violated  his  trust  and  their 
confidence  ? 

The  other  evils  you  mention,  that  may  result  from  this 
power,  appear  to  me  but  barely  possible.  The  senators 
will  doubtless  be  in  general  some  of  the  most  respectable 
citizens  in  the  states  for  wisdom  and  probity,  superior  to 


APPENDIX.  327 

mean  and  unworthy  conduct,  and  instead  of  undue  in- 
fluence, to  procure  appointments  for  themselves  or  their 
friends,  they  will  consider  that  a  fair  and  upright  conduct 
will  have  the  best  tendency  to  preserve  the  confidence  of 
the  people  and  of  the  states.  They  will  be  disposed  to 
be  diffident  in  recommending  their  friends  and  kindred, 
lest  they  should  be  suspected  of  partiality  and  the  other 
members  will  feel  the  same  kind  of  reluctance,  lest  they 
should  be  thought  unduly  to  favor  a  person,  because  re- 
lated to  a  member  of  their  body;  so  that  their  friends 
and  relations  would  not  stand  so  good  a  chance  for 
appointment  to  offices,  according  to  their  merit,  as 
others. 

The  senate  is  a  convenient  body  to  advise  the  presi- 
dent, from  the  smallness  of  its  numbers.  And  I  think  the 
laws  would  be  better  framed  and  more  duly  administered, 
if  the  executive  and  judiciary  officers  were  in  general 
members  of  the  legislature,  in  case  there  should  be  no 
interference  as  to  the  time  of  attending  to  their  several 
duties.  This  I  have  learned  by  experience  in  the  gov- 
ernment in  which  I  live,  and  by  observation  of  others 
differently  constituted.  I  see  no  principles  in  our  con- 
stitution that  have  any  tendency  to  aristocracy,  which,  if 
I  understand  the  term,  is  a  government  by  nobles,  inde- 
pendent of  the  people,  which  cannot  take  place,  in  either 
respect,  without  a  total  subversion  of  the  constitution. 
As  both  branches  of  Congress  are  eligible  from  the  citi- 
zens at  large,  and  wealth  is  not  a  requisite  qualification, 
both  will  commonly  be  composed  of  members  of  similar 
circumstances  in  life.  And  I  see  no  reason  why  the  sev- 
eral branches  of  the  government  should  not  maintain  the 
most  perfect  harmony,  their  powers  being  all  directed  to 
one  end,  the  advancement  of  the  public  good. 

If  the  president  alone  was  vested  with  the  power  of 
appointing  all  officers,  and  was  left  to  select  a  council  for 


328  APPENDIX. 

himself,  he  would  be  liable  to  be  deceived  by  flatterers 
and  pretenders  to  patriotism,  who  would  have  no  motive 
but  their  own  emolument.  They  would  wish  to  extend 
the  powers  of  the  executive  to  increase  their  own  impor- 
tance ;  and,  however  upright  he  might  be  in  his  intentions, 
there  would  be  great  danger  of  his  being  misled,  even  to 
the  subversion  of  the  constitution,  or,  at  least,  to  introduce 
such  evils  as  to  interrupt  the  harmony  of  the  government, 
and  deprive  him  of  the  confidence  of  the  people. 

But  I  have  said  enough  upon  these  speculative  points, 
which  nothing  but  experience  can  reduce  to  a  certainty. 
I  am,  with  great  respect, 

Your  obliged  humble  servant, 

ROGER  SHERMAN. 


III. 

GEORGE  BANCROFT'S  LETTER  ON  THE  FOREGOING 
CORRESPONDENCE. 

NEW  YORK,  14  April,  1851. 

MY  DEAR  SIR  :  Let  me  not  delay  for  a  single  day  my 
hearty  acknowledgment  of  your  prompt  and  liberal  court- 
esy in  favoring  me  with  copies  of  the  interesting  and  most 
instructive  correspondence  between  J.  Adams  and  Sher- 
man. The  part  which  Sherman  took  in  the  convention 
for  framing  our  constitution,  where  no  one  excelled  him 
in  logical  consistency,  prepared  me  for  the  good  clear 
sense  and  patriotism  and  political  foresight  which  distin- 
guish his  letters.  His  calm  confidence  in  the  perpetuity 
of  the  great  constitution  which  he  assisted  to  form,  does 
him  enduring  honor.  If  there  were  any  of  the  politicians 
of  that  day  who  did  not  comprehend  what  they  had 
achieved,  he  was  not  of  the  number. 

A  somewhat  similar  correspondence  took  place  between 


APPENDIX.  329 

John  and  Samuel  Adams ;  in  which  John  yet  more  de- 
cidedly avows  his  peculiar  views  of  a  desirable  republic ; 
and  is  thoroughly  and  calmly  set  right  by  the  plain  wis- 
dom of  his  kinsman. 

The  letters  you  have  been  so  good  as  to  send  illustrate 
the  same  opinions :  but  in  my  judgment  derive  their 
greatest  interest  from  the  unshaken  confidence  of  Roger 
Sherman  in  the  durability  of  the  Union,  at  the  very 
moment  of  its  inauguration.  I  remain,  my  dear  Sir, 
Very  truly  your  obliged 

GEORGE  BANCROFT. 
HON.  R.  S.  BALDWIN. 


IV. 

ROGER  SHERMAN  ON  HALF  PAY  OF  ARMY  OFFICERS. 

ANNAPOLIS,  March,  1784. 

SIR,  —  Congress  have  received  your  letter  of  Nov.,  ist, 
1783,  enclosing  an  address  from  the  House  of  Representa- 
tives of  the  State  of  Connecticut  setting  forth,  that  in  the 
statement  of  the  public  debt  accompanying  the  recom- 
mendations and  address  of  Congress  of  the  i8th  of  April 
last  they  observe  a  charge  of  five  millions  of  dollars  as 
due  to  the  officers  of  the  army  granted  them  by  Congress 
in  exchange  for  half  pay  for  life. 

That  they  are  not  satisfied  that  half  pay  for  life,  or  five 
years  full  pay  in  lieu  thereof,  are  warranted  by  the  Articles 
of  Confederation,  or  that  the  power  to  make  such  grant 
was  ever  delegated  to  Congress. 

That  it  is  considered  as  an  unnecessary  exercise,  if  not 
an  unwarrantable  stretch  of  power ;  and  that  they  cannot 
reconcile  it  to  principles  of  justice,  more  especially  as  it 
respects  the  officers  of  that  State. 


33O  APPENDIX. 

That  on  account  of  the  above  considerations,  it  seems 
impracticable  to  execute  any  means  for  raising  its  quota 
of  the  public  debt  as  stated  ;  though  they  are  not  disposed 
to  pass  a  negative  on  the  requisition  of  Congress  on  the 
ground  of  its  being  unsupported  by  the  Articles  of  Con- 
federation as  to  the  mode  of  collection. 

That  they  most  earnestly  request  the  serious  attention 
of  Congress  to  this  important  subject  and  that  they  will 
take  measures  consistent  with  public  faith  and  the  princi- 
ples of  justice  to  remove  all  causes  of  jealousy  and 
complaint. 

From  the  above  observations  the  following  questions 
are  suggested. 

First.  Whether  the  Congress  that  passed  the  resolution 
of  the  2ist  of  October  1780  were  authorized  and  em- 
powered to  make  the  grant  of  half  pay  for  life  contained 
therein  ? 

Second.  If  they  were  vested  with  power  to  make  such 
a  grant,  whether  it  was  necessary  or  expedient  ? 

With  respect  to  the  first  question,  it  cannot  be  ex- 
pected that  the  present  Congress  should  define  the 
powers  under  which  the  delegates  from  the  several  States 
acted  previously  to  the  Confederation.  The  States  them 
selves  have  not  done  it —  they  all  gave  general  powers  to 
carry  on  the  war  and  to  oppose  the  then  enemy 
effectually. 

The  resolution  of  Congress  referred  to,  appears  by  the 
yeas  and  nays  to  have  been  passed  according  to  the  then 
established  rules  of  that  body  in  transacting  the  business 
of  the  United  States.  The  resolution  itself  had  public 
notoriety  and  does  not  appear  to  have  been  formally  ob- 
jected against  by  the  Legislature  of  any  State  till  after  the 
Confederation  was  completely  adopted  ;  and  by  the  i2th 
article  of  the  Confederation  all  debts  contracted  by  or 
under  the  authority  of  Congress,  before  the  assembling  of 


APPENDIX.  331 

the  United  States  in  pursuance  of  the  present  Confedera- 
tion shall  be  deemed  and  considered  as  a  charge  against 
the  United  States  for  the  payment  of  which  the  faith  of 
the  United  States  is  solemnly  pledged. 

The  question  is  not  whether  Congress  are  vested  by 
the  Confederation  with  a  power  to  grant  half  pay  for  life. 
This  need  not  be  enquired  into.  It  is  whether  by  the 
i2th  article  of  the  Confederation  they  can  do  otherwise 
than  to  acknowledge  that  a  debt  was  created  by  the  reso- 
lution of  the  2ist  of  October  1780  which  resolution  was 
agreed  to  by  persons  having  plenipotentiary  powers  from 
their  respective  States,  to  do  whatever  appeared  to  them 
necessary  and  expedient  for  opposing  the  then  enemy 
effectually. 

With  respect  to  the  expediency  or  necessity  of  the 
measure,  we  can  only  observe  that  if  we  were  clearly  em- 
powered we  have  great  reason  to  distrust  our  own  compe- 
tency to  judge  in  this  matter,  none  of  the  delegates 
present  having  been  in  Congress  at  that  particular  time. 
That  a  proper  degree  of  respect  to  the  States  obliges  us 
to  suppose  that  they  appointed  persons  most  worthy  of 
the  trust  and  confidence  placed  in  them. 

That  tenderness  to  the  character  of  those  who  consti- 
tuted that  Congress,  who  acted  from  an  immediate  view 
of  the  most  cogent  reasons  that  operated  in  favour  of  it, 
which  we  cannot  now  be  fully  impressed  with,  demands 
liberality  of  sentiment  in  this  respect. 

The  alteration  of  the  mode  of  payment  cannot  be 
material  in  the  question  unless  it  can  be  proved  that  the 
exchange  is  less  favourable  to  the  United  States,  than  the 
half  pay  for  life. 

We  have  omitted  to  remark  on  several  other  matters 
contained  in  the  address  ;  and  have  confined  ourselves  to 
that  which  seems  to  have  been  the  occasion  thereof.  We 
have  only  to  request  a  candid  examination  of  the  question, 


332  APPENDIX, 

by  the  House  of  Representatives  of  the  State  of  Connecti- 
cut, and  we  can  not  but  flatter  ourselves  that  the  Union 
will  have  in  this  as  in  all  other  federal  matters  their  firm 
support,  that  they  will  always  exercise  that  candor  and 
liberality  of  sentiment  toward  the  opinions  of  others,  with- 
out which  it  will  be  impossible  to  provide  for  the  general 
interests  of  the  United  States. 

ROGER  SHERMAN. 
MR  OSGOOD    \ 
MR  LEE  v   Committee. 

MR  ELLERY    ) 

That  the  paymaster  general  be  and  he  hereby  is 
directed  to  govern  himself  in  settling  the  accounts  of  the 
army  since  the  year  1 7  79,  by  the  payment  made  by  the 
respective  States  to  their  lines,  so  that  where  the  pay  has 
been  secured  by  any  State  the  same  shall  not  be  again  se- 
cured by  the  United  States. 


V. 

ROGER  SHERMAN  TO  JOSIAH  BARTLETT  ON  THE  VERMONT 
CONTROVERSY. 

PHILADELPHIA,  July  31,  1781. 

SIR,  —  Enclosed  is  a  copy  of  an  act  of  the  general 
court  of  the  State  of  Massachusetts,  respecting  the  State 
of  Vermont.  The  matter  has  been  debated  for  several 
days  past  in  Congress  on  a  report  of  a  committee  to 
whom  was  referred  a  letter  from  the  President  of  your 
State.  The  committee  reported  as  their  opinion  that 
copies  of  the  act  of  Massachusetts  be  sent  to  the  States 
of  New  Hampshire  and  New  York,  and  that  the  expedi- 
ency of  passing  similar  acts  be  referred  to  them,  and  in 
case  they  relinquish  their  claim  of  jurisdiction  over  the 


APPENDIX.  333 

grants  on  the  west  side  of  Connecticut  river,  bounded 
east  by  P.  river,  north  by  latitude  forty-five  degrees,  west 
by  Lake  Champlain  and  the  west  lines  of  several  town- 
ships granted  by  the  governor  of  New  Hampshire  to  the 
northwest  corner  of  Massachusetts,  and  south  by  the 
north  line  of  Massachusetts,  Congress  will  guaranty  the 
lands  and  jurisdiction  belonging  to  the  said  States  re- 
spectively without  the  said  limits  against  all  claims  and 
encroachments  of  the  people  within  those  limits.  What 
will  ultimately  be  done  in  Congress  is  uncertain ;  some 
gentlemen  are  for  declaring  Vermont  an  independent 
State  ;  others  for  explicitly  recommending  to  the  States 
aforesaid  to  relinquish  their  claims  of  jurisdiction ;  others 
only  for  referring  it  to  their  consideration  as  reported  by 
the  committee,  and  some  few  against  doing  anything  that 
will  tend  to  make  a  new  State. 

I  am  of  opinion  that  a  speedy  and  amicable  settlement 
of  the  controversy  would  conduce  very  much  to  the  peace 
and  welfare  of  the  United  States,  and  that  it  will  be  diffi- 
cult if  not  impracticable  to  reduce  the  people  on  the  east 
side  of  the  river  to  obedience  to  the  government  of  New 
Hampshire  until  the  other  dispute  is  settled,  that  the 
longer  it  remains  unsettled  the  more  difficult  it  will  be  to 
remedy  the  evils  —  but  if  the  States  of  New  Hampshire 
and  New  York  would  follow  the  example  of  Massachu- 
setts respecting  the  grants  on  the  west  of  Connecticut 
river  the  whole  controversy  would  be  quieted  very  much 
to  the  advantage  and  satisfaction  of  the  United  States, 
and  that  the  inhabitants  of  New  Hampshire  and  New 
York  living  without  the  disputed  territory  would  return 
to  their  allegiance. 

The  British  Ministry  esteem  it  an  object  of  great  im- 
portance to  them,  to  engage  the  people  of  Vermont  in 
their  interest  and  have  accordingly  instructed  Gen.  Clin- 
ton and  Gen.  Haldiman  to  use  their  best  endeavors  for 


334  APPENDIX. 

that  end,  and  though  I  don't  think  the  people  have  any 
inclination  to  come  under  the  British  yoke  or  to  do  any- 
thing injurious  to  this  country,  yet  if  left  in  the  present 
situation,  they  may  be  led  to  take  steps  very  prejudicial 
to  the  United  States. 

I  think  it  very  unlikely  that  Congress  can  attend  to  the 
settlement  of  the  dispute  by  a  judicial  decision  during  the 
war.  For  though  the  parties  were  heard  last  fall  respect- 
ing their  claims,  yet  it  cannot  now  be  determined  upon 
the  right  without  a  new  hearing,  because  there  are  many 
new  members  that  were  not  then  present.  I  am  credi- 
bly informed  that  a  great  majority  of  the  members  of  the 
Legislature  of  the  State  of  New  York  at  their  last  winter 
session  were  willing  to  relinquish  their  claim  of  jurisdic- 
tion over  that  district,  and  that  they  should  be  admitted  to 
be  a  separate  State,  but  the  governor  for  some  reasons 
prevented  an  act  passing  at  that  time. 

We  have  no  news  remarkable  here.  Paper  currency 
is  very  much  at  an  end.  The  new  bills  are  negotiated 
some,  rather  as  a  merchandize  than  money,  but  silver 
and  gold  is  the  only  currency.  The  prices  of  commodi- 
ties are  much  fallen,  many  articles  are  as  low  as  before 
the  war. 

I  send  you  two  of  the  last  News  Papers.  I  am  with 
great  esteem  and  regard 

Your  humble  servant, 

ROGER  SHERMAN. 
HONORABLE  JOSIAH  BARTLETT. 

VI. 

REPORT  ON  ROBERT  MORRIS'S  ACCOUNTS. 

IN  view  of  some  severe  criticisms  of  Robert  Morris, 
this  tribute  to  the  value  of  his  public  services  written  by- 
Roger  Sherman,  seems  worth  preserving. 


APPENDIX.  335 

The  committee  appointed  upon  the  memorial  of  Rob- 
ert Morris,  late  Superintendent  of  the  Finance  of  the 
United  States,  to  inquire  into  the  receipts  and  expend- 
itures of  public  monies  during  his  adminstration  in  said 
office,  Report 

That  they  conceived  it  unnecessary  to  examine  in  de- 
tail the  public  accounts  under  the  administration  of  the 
late  superintendent  of  finance,  they  having  been  examined 
and  passed  in  the  House,  and  the  views  of  the  memori- 
alist would  be  best  complied  with  by  obtaining  from  the 
register  the  statements  of  the  receipts  and  expenditures 
with  the  other  extracts  from  the  public  records  herewith 
submitted  together  with  a  more  particular  statement  of 
the  accounts  made  out  and  published  in  the  year  1784, 
in  such  a  number  of  printed  copies  of  each  as  will  furnish 
to  each  member  of  Congress  the  best  practicable  means 
of  appreciating  the  services  of  the  memorialist  and  the 
utility  of  his  administration,  under  which  in  the  opin- 
ions of  your  committee  the  United  States  derived  signal 
advantages. 

That  from  these  documents  it  appears  that  the  monies 
received  into  the  Treasury  of  the  United  States  during 
the  said  administration  amounted  to  8,177,431.1-2  dols. 
And  the  expenditures  amounted  to  8,155,445.  Leaving 
in  the  Treasury  at  the  close  of  the  administration  a  bal- 
ance of  21,986. 1-2  dols. 

The  acts  of  the  late  Congress  respecting  said  office, 
and  reports  and  letters  of  the  superintendent  in  the  course 
of  his  administration,  which  are  on  file  in  the  public 
offices  are  referred  to  in  the  close  of  the  document  first 
mentioned. 

All  which  is  humbly  submitted. 


336  APPENDIX. 

VII. 

ROGER  SHERMAN'S  CLAIMS  AGAINST  CONNECTICUT. 

NEW  HAVEN,  Oct.  i7th,  1789. 

SIR,  The  Honorable  the  General  Assembly  in  January 
last  ordered  that  one  hundred  and  fifty  pounds  should  be 
advanced  to  each  of  the  members  of  Congress  from  this 
state  for  their  expenses  to  be  paid  over  to  the  United 
States  on  account  of  the  specie  requisitions  made  on  this 
state  when  they  should  receive  a  compensation  for  their 
services  and  expenses.  But  on  consideration  of  the  great 
expenses  incurred  by  this  state  in  the  course  of  the  late 
war,  and  advancements  of  money  to  the  United  States, 
and  for  supporting  invalids  since  the  peace,  the  members 
of  Congress  for  this  state  thought  it  might  be  advisable 
for  the  state  to  retain  the  monies  in  their  own  hands,  un- 
til there  should  be  a  final  liquidation  of  their  accounts. 
The  sum  advanced  to  me  I  am  willing  to  repay  in  such 
manner  as  the  Honorable  Assembly  shall  direct ;  but  on 
this  occasion  I  would  take  the  liberty  humbly  to  represent 
that  there  is  now  due  to  me  from  the  state  the  sum  of  775 
pounds  and  13  shillings  being  the  balance  due  for  my 
services  and  expenses  as  a  member  of  Congress  for  their 
state  between  the  loth  day  of  May  1775  and  sometime 
in  October  1780  as  pr  account  liquidated  by  the  com- 
mittee of  pay  table,  which  was  then  due  and  payable  out 
of  the  civil  list  funds,  but  there  not  being  money  in  the 
Treasury  to  pay  it  at  that  time  I  took  a  note  for  it  pay- 
able in  hard  money  by  a  special  order  of  the  General 
Assembly  which  note  is  dated  Nov.  2gth  1780  which  I 
expected  would  be  paid  at  any  time  when  I  should  have 
occasion  for  it  after  the  close  of  the  war,  but  not  being 
under  necessity  for  it  until  now,  I  did  not  request  payment. 


APPENDIX.  337 

But  I  have  lately  been  at  considerable  expense,  by  ad- 
vancements by  way  of  settlement  to  several  of  my  chil- 
dren, and  do  really  stand  in  need  of  some  part  of  it.  It 
would  greatly  oblige  me  if  the  whole  of  the  150  pounds 
advanced  to  me  as  aforesaid  might  be  offset  toward  said 
note,  but  if  only  100  pounds  of  it  shall  be  advanced  to 
be  retained  by  me  for  that  purpose,  or  any  lesser  sum  it 
would  afford  me  some  relief. 

I  loaned  some  hundred  pounds  in  money  to  the  state 
for  which  I  have  Treasurer's  note  now  due,  but  that  sum 
that  was  due  for  my  services  and  expenses  I  always  con- 
sidered payable  in  hard  money  out  of  the  civil  list  funds 
or  some  other  as  good.  I  would  humbly  request  your 
Excellency  to  lay  this  letter  before  the  Honorable  the 
General  Assembly  that  they  may  take  such  order  thereon 
as  in  their  wisdom  and  justice  shall  seem  meet.  I  am 
with  great  respect  your  Excellency's 
Humble  servant 

ROGER  SHERMAN. 
His  Excellency  GOVERNOR  HUNTINGTON. 


VIII. 
ISAAC  SHERMAN. 

GEN.  WASHINGTON  TO  Gov.  TRUMBULL,  RECOMMENDING 
ISAAC  SHERMAN  FOR  PROMOTION. 

October  gth,  1776. 
Am.  Archives,  5th  Series,  vol.  2,  p.  58. 

"  I  WOULD  also  recommend  Major  Sherman,  son  of  Mr. 
Sherman,  of  Congress,  a  young  gentleman  who  appears  to 
me,  and  who  is  generally  esteemed  an  active  and  valuable 
officer,  whom  the  General  Officers  have  omitted  to  set 


338  APPENDIX. 

down  in  their  lists,  expecting,  I  suppose,  (if  they  thought 
of  him  at  all)  that  he  would  be  provided  for  in  the  Massa- 
chusetts regiment,  because  he  is  [in]  one  at  this  time. 
But  as  it  is  probable  promotions  in  that  State  will  be  con- 
fined to  their  own  people,  I  should  apprehend  that  he 
should  be  properly  noticed  in  your  appointments,  lest  we 
should  lose  an  officer  who,  so  far  as  I  can  judge,  promises 
good  service  to  his  country." 


STONY  POINT. 

ON  the  1 7th  of  July,  1779,  the  day  after  the  capture  of 
Stony  Point,  General  Wayne,  while  suffering  from  the 
wound  received  on  that  occasion,  sent  a  report  to  General 
Washington,  in  which  he  failed  to  mention  several  officers 
who  distinguished  themselves  in  the  assault.  In  a  letter 
to  the  President  of  Congress,  on  the  loth  of  August, 
1779,  acknowledging  a  note  of  thanks,  he  rectified  this 
mistake  as  follows  :  — 

"  I  feel  much  hurt  that  I  did  not,  in  my  letter  to  him 
(Gen.  Washington)  of  the  i7th  of  July,  mention  (among 
other  brave  and  worthy  officers)  the  names  of  Lieut. 
Col.  Sherman,  Majors  Hull,  Murphy,  and  Posey  whose 
good  conduct  and  intrepidity  justly  entitled  them  to  that 
attention.  Permit  me  therefore,  thro'  your  Excellency, 
to  do  them  that  justice  now,  which  the  state  of  my 
wound  diverted  me  from  in  the  first  instance." 


APPENDIX.  339 

IX. 

WYOMING. 
DYER,  SHERMAN  AND  DEANE  TO  Z.  BUTLER  AND  OTHERS. 

PHILADELPHIA,  August  2nd,  1775. 

GENTM.  —  It  has  been  represented  to  the  Continental 
Congress  that  there  is  great  danger  of  discord  and  conten- 
tion if  not  hostility  and  bloodshed  between  the  people 
settling  under  Connecticut  claim  and  those  under  Penn- 
sylvania which  would  be  attended  with  the  most  unhappy 
consequences  at  this  time  of  general  calamity  and  when 
we  want  our  whole  united  strength  against  our  common 
enemy.  We  are  therefore  desired  to  write  to  you  and 
press  upon  you  the  necessity  of  peace  and  good  order 
not  only  among  yourselves,  but  by  no  means  to  give  the 
least  disturbance  or  molestation  to  the  persons,  property 
or  possessions  of  those  settled  under  the  proprietaries  of 
Pennsylvania  and  especially  to  the  family,  property  or 
possessions  of  those  who  are  gone  as  riflers  into  the  ser- 
vice of  their  country  and  to  join  the  army  near  Boston. 
The  delegates  from  the  province  of  Pennsylvania  are  de- 
sired to  write  to  their  people  or  the  heads  of  them  to 
urge  upon  them  the  same  peaceable  disposition  towards 
the  settlers  under  Connecticut  and  that  they  make  no  at- 
tempts upon  the  possessions  of  each  other  but  both  sides 
to  remain  in  peace  and  quiet  and  to  be  cautious  and  not 
to  interfere  in  jurisdictions  in  the  exercise  of  government 
but  that  they  all  live  together  in  peace  and  good  order 
and  unite  in  the  greatest  harmony  in  the  common  defence 
if  there  should  be  occasion.  You  are  desired  to  make 
no  settlement  by  force  nor  use  any  threats  for  that  pur- 


340  APPENDIX. 

pose.  We  are  desired  by  the  Congress  to  write  to  you  to 
the  purpose  above  and  as  they  may  have  further  to  do  in 
this  affair,  we  hope  your  conduct  will  be  such  as  to  give 
no  offence  to  that  respectable  body. 

We  are  your  friends  and  honorable  Servants, 

ELIPHT  DYER 
ROGER  SHERMAN 
SILAS  DEANE. 
To  COL.  BUTLER 
ESQ.  DENNISON 
ESQ.  JUDD 
ESQ.  SHERMAN,  etc.,  etc. 


ROGER  SHERMAN  TO  ZEBULUN  BUTLER. 

PHILADELPHIA,  Sept.  i3th,  1787. 

SIR,  —  I  am  informed  by  Col.  Denison  that  the  com- 
missioners appointed  by  the  State  of  Pennsylvania  are 
proceeding  in  examining  the  claims  of  the  people  settled 
under  the  claim  of  Connecticut  and  that  they  appear 
disposed  to  do  justice  to  the  claimants  so  far  as  they  are 
enabled  by  the  law.  I  hope  it  will  be  a  happy  means  of 
quieting  the  inhabitants  in  their  posssessions  —  I  hear 
that  some  of  the  claimants  are  opposed  to  the  measure 
but  it  appears  to  me  it  will  be  for  the  interest  of  all  of 
them  to  get  a  confirmation  of  their  title  to  as  much  land 
as  they  can  under  that  law,  though  they  may  not  get  so 
much  as  they  may  think  themselves  entitled  to  ;  whatever 
they  get  confirmed  they  may  enjoy  peaceably  or  dispose 
of  as  they  please  —  the  many  and  great  calamities  that 
the  people  of  the  settlement  have  undergone  have  given 
me  great  concern — their  future  peace  and  prosperity 
would  give  me  much  pleasure. 

ZEBULUN  BUTLER,  Esq.,  Wyoming. 


APPENDIX.  341 


ROGER  SHERMAN  TO  ZEBULUN  BUTLER. 

PHILADELPHIA,  February  i4th,  1791. 

SIR,  —  I  received  your  letter  of  the  3rd  instant  pr. 
Capt.  Baldwin.  I  am  sorry  to  find  that  the  old  contro- 
versy respecting  your  lands  is  likely  to  be  revived  after 
having  been  quieted  by  a  solemn  act  of  the  Legislature  ;  it 
appears  to  me  that  the  repeal  of  that  act  was  a  very  im- 
provident measure.  As  to  the  writs  you  mentioned,  I 
am  not  enough  acquainted  with  the  laws  and  mode  of 
process  in  this  State  to  give  an  opinion  in  the  case,  but  I 
suppose  that  Captain  Baldwin  has  consulted  counsel 
learned  in  the  law  on  the  subject  and  obtained  the 
necessary  information.  If  the  claimants  under  the  pro- 
prietors of  Pennsylvania  will  prosecute  their  claims  in  a 
course  of  law,  the  claimants  under  Connecticut  will  have 
right  to  a  fair  and  impartial  trial  in  the  courts  of  the 
United  States ;  where  they  may  avail  themselves  of  their 
titles  derived  under  Connecticut  as  fully  as  if  the  decision 
at  Trenton  had  not  been  made,  because  (as)  they  were  not 
parties  to  that  suit  their  claims  cannot  be  affected  by  it. 

How  far  they  may  avail  themselves  of  the  quieting  act 
of  Pennsylvania,  in  law,  or  by  a  suit  in  equity  in  the 
Supreme  Court  of  the  United  States  for  a  specific  per- 
formance of  the  terms  therein  stipulated,  notwithstanding 
the  repeal,  I  have  not  at  present  formed  an  opinion.  I 
hope  the  controversy  will  be  terminated  in  a  just  and 
peaceable  manner. 

I  am  with  due  regards  your  humble  servant, 

ROGER  SHERMAN. 


342  APPENDIX. 


ZEBULUN  BUTLER  TO  ROGER  SHERMAN. 

WlLKESBARRE,  Nov.  6th,  1791. 

DEAR  SIR,  By  the  bearer  Capt.  P.  Schotts  I  favor  this 
desiring  your  opinion  on  the  following  subject.  The 
State  of  Connecticut  in  — 73  (at  which  time  we  were  sub- 
jects of  said  State)  entered  into  resolves  that  the  inhab- 
itants suffering  material  losses  by  the  depredations  of  the 
enemy  should  be  compensated  therefor  —  in  a  manner 
pointed  out  by  the  same  law — This  county  —  then  named 
Westmoreland  under  her  jurisdiction  —  was  cut  off — and 
each  inhabitant  more  or  less  very  sensibly  injured.  I 
recollect  —  agreeably  to  the  alluded  to  resolve  soon  after 
we  resettled  the  country  —  Persons  for  that  purpose 
appointed  under  solemn  oath  —  took  from  each  of  us 
an  estimate  of  our  several  losses  —  but  before  anything 
further  was  done  —  a  change  of  jurisdiction  took  place 
and  we  annexed  to  the  State  of  Pennsylvania.  Of  course 
we  have  been  entirely  neglected.  But  query  —  as  we  at 
the  period  in  which  we  were  distressed  —  were  subject  of 
Connecticut  —  and  all  along  paid  to  them  our  proportion 
of  the  country  taxes  —  shall  the  change  of  jurisdiction 
which  took  place  long  after  our  sufferings  deprive  us  of 
the  benefit  of  that  law  ?  If  so  —  is  there  no  provision 
made  by  the  present  or  former  Congress?  Your  advice 
in  the  premises  will  much  oblige  one  who  is  with  the 
truest  esteem  your  friend  and 

Humble  servt. 

ZEBU.  BUTLER. 
ROGER  SHERMAN,  Esquire. 


APPENDIX.  343 

X. 

GEN.    DAVID   WOOSTER. 

GEN.  WOOSTER  TO  ROGER  SHERMAN. 

MONTREAL,  Feb.  nth,  1776. 

DEAR  SIR,  I  am  much  obliged  to  you  for  your  favor 
of  the  aoth  ult.  I  was  happy  to  hear  that  the  Con- 
gress had  made  provision  for  our  speedy  reinforcement  in 
this  Province.  Yet  I  fear  it  will  not  be  sufficient  if,  as 
many  conjecture,  the  ministry  should  send  a  large  army 
here  early  in  the  Spring.  Mr.  Walker  and  Mr.  Price, 
two  gentlemen  zealously  attached  to  our  cause,  I  have 
requested  to  go  to  Congress.  They  are  the  best  ac- 
quainted with  this  province  and  with  the  tempers  and 
dispositions  of  the  Canadians,  of  perhaps  any  men  in  it. 
They  will  inform  you  much  better  than  I  can,  of  every 
thing  concerning  them. 

I  have  sent  to  Congress  copies  of  several  letters  which 
have  passed  between  General  Schuyler  and  me.  By 
which,  and  my  letter  upon  the  subject  you  will  see  that 
we  are  not  upon  the  most  friendly  terms.  Which  of  us 
has  occasioned  the  coolness  the  Congress  will  judge 
upon  examining  the  letters.  I  think  it  a  great  unhappi- 
ness  that  we  cannot  agree  among  ourselves.  I  am  con- 
scious however  of  no  fault  or  neglect  of  mine  to  occasion 
it.  I  can  write  freely  to  you.  As  you  have  lately  been 
in  Connecticut  you  must  have  heard  the  general  dissatis- 
faction (among  the  troops  of  that  Colony  who  were  em- 
ployed in  this  department)  at  the  treatment  they  met  with 
from  General  Schuyler.  It  was  as  much  as  I  could  do  to 
keep  them  easy  and  in  the  service,  and  had  it  not  been 


344  APPENDIX. 

for  their  expectation  of  my  arrival  among  them  the  con- 
sequences might  have  been  fatal  to  our  operations  in  this 
country.  You  will  not  think  that  this  proceeds  from 
vanity  or  private  pique,  be  assured,  Sir,  it  is  from  a  real 
concern  for  our  country.  The  uneasiness  in  the  army 
was  and  is  now  by  no  means  confined  to  the  Connecticut 
troops,  but  is  universal  among  all  who  have  served  un- 
der him.  And  should  he  come  into  this  country  to  take 
the  command  many  of  the  best  officers  in  the  army  would 
immediately  throw  up  their  commissions  provided  it  can 
be  done  without  risking  every  thing.  I  wish  he  had  as 
much  consideration. 

It  is  not  from  ambitious  views  of  keeping  the  command 
myself  that  I  make  these  observations,  though  my  services 
and  experience  might  possibly  entitle  me  to  it.  I  should 
have  been  happy  to  have  served  under  General  Mont- 
gomery. He  once,  from  some  trouble  he  met  with  from 
some  of  his  officers  determined  to  leave  the  service  and 
actually  resigned  the  command  to  me,  but  apprehending 
unhappy  consequences  might  follow  from  it,  I  persuaded 
him,  though  with  great  difficulty  to  reassume  it.  You 
will  readily  perceive  the  terrible  consequences  that  may 
follow  from  a  want  of  confidence  in  the  commanding 
officer.  I  greatly  fear  in  the  first  place  that  it  will  be 
difficult  to  raise  the  men,  and  when  they  are  raised  they 
will  soon  catch  the  opinions  of  those  now  in  the  army. 
I  hope  the  evils  apprehended  will  prove  less  than  our 
fears. 

Col.  Hazen  atnd  Col.  Antill  both  inform  me  that  the 
Congress  have  appointed  me  Maj.  General.  As  General 
Schuyler  has  not  informed  me  of  it  and  as  there  is  nothing 
of  it  in  the  extracts  of  the  Resolves  of  Congress  sent  to 
me  by  him,  I  shall  be  obliged  to  you  for  information. 
You  will  be  pleased  to  remember  me  respectfully  to 
Messrs  Huntington  and  Woolcot  and  believe  me  with 


APPENDIX.  345 

the  greatest  truth  and  sincerity  your  real  friend  and  most 
obedient 

Very  humble  servant, 

DAVID  WOOSTER. 

Mr  Hare  is  in  this  town  and  shall  be  used  with 
every  civility  and  furnished  with  a  proper  passport  and 
assistance. 

HON.  ROGER  SHERMAN,  Esq. 


WILLIAM  S.  JOHNSON  TO  ROGER  SHERMAN. 

NEW  YORK,  April  2oth,  1785. 

DEAR  SIR,  I  am  sorry  to  hear  by  General  Woolcot  that 
you  are  not  coming  to  N.  York,  as  Capt.  Wooster  gave 
me  to  expect  you  would,  about  this  time.  I  extremely 
want  your  opinion  and  advice  relative  to  the  pursuing 
Mrs.  Wooster's  petition  before  Congress.  The  difficulty 
is  this.  Congress  have  very  lately  upon  the  petition  of 
Gen.  Thomas'  widow  of  Massachusetts,  fully  explained 
the  doubt  there  was,  whether  he  was  entitled  to  briga- 
dier's or  Colonel's  pay  deciding  it  in  favor  of  the  former. 
Thus,  one  of  the  grounds  of  Mrs  Wooster's  petition  is 
effectually  removed.  What  remains,  is  only  that  the 
State  of  Connecticut  will  not  pay  it,  though  the  requisi- 
tion of  Congress  is  as  full  as  they  can  make  it,  if  they 
should  take  up  the  subject  again.  And  is  it  to  be  pre- 
sumed that  Congress  will  take  it  up  themselves,  merely 
because  Connecticut  will  not  do  what  she  ought  ?  Nay 
will  the  finances  of  the  United  States  admit  of  such  a 
measure?  Yet  more,  can  they  do  it  when  the  other 
States  have  actually  taken  upon  themselves,  and  are  now 
in  the  payment  of  similar  demands,  as  N.  York  of  Mrs 
Montgomery,  N.  Jersey  of  Mrs  Barber,  &c,  &c?  Would 


346  APPENDIX. 

not  this  derange  everything?  Will  not  the  matter  now 
stand  solely  upon  the  ground,  and  appear  in  the  light,  of 
a  complaint  against  the  State?  If  so,  can  I  advocate 
it?  Will  not  everything  of  the  nature  come  with  a  very 
ill  grace  from  a  delegate  of  the  State  ?  Finally,  for  I  dare 
not  presume  to  ask  any  more  questions,  is  it  not  most 
advisable,  since  Congress  have  explained  the  only  doubt 
there  was  in  the  case,  and  that  the  session  of  the  General 
Assembly  is  so  near,  for  Mrs  Wooster  to  apply  once  more 
to  the  Assembly  before  she  pursues  the  matter  further 
here.  Your  sentiments  upon  this  subject  would  give 
great  relief  to,  and  extremely  oblige,  Dear  Sir, 
Your  most  obedient  humble  servant, 

WM.  SAML.  JOHNSON. 

Gen.  Woolcot  will  tell  you  our  situation  here,  since  the 
blow  we  have  received  from  N.  York.  I  am  loath  to  re- 
vive the  idea  of  so  severe  and  fatal  a  defeat. 

After  I  had  written  the  within,  I  had  the  honor  to 
receive  your  favor  of  the  i2th  inst.  That  I  had  nothing 
agreeable  to  acquaint  you  with,  must  be  my  apology  for 
not  writing,  and  I  presume  you  had  long  since  heard  that 
N.  York  had,  in  Senate,  finally  rejected  the  5  per  cent 
impost.  It  will  not  be  resumed  again  this  year.  Georgia 
too  has  neglected  to  grant  it.  In  consequence  whereof 
a  most  respectable  grand  jury  of  the  State,  have,  before 
their  Supreme  Court,  indicted  the  whole  legislature  of  a 
high  handed  misdemeanor.  This  however  will  produce 
no  immediate  benefit  to  the  United  States,  and  their 
credit  must  for  the  present  languish.  Our  only  actual  re- 
source is  the  Western  Territory,  (for  I  consider  requisi- 
tions as  extremely  precarious)  ;  this  we  have  been  diligently 
at  work  upon  for  some  time,  and  I  hope  shall  now  soon 
complete.  I  think  I  may  assure  you,  it  will  be  settled  to 


APPENDIX.  347 

sell  in  townships,  of  about  7  miles  square,  to  be  divided 
for  purpose  of  sale  to  the  several  States,  to  be  disposed  of 
at  auction,  fixing  however  a  price  say  6/  per  acre,  below 
which  it  shall  not  go.  The  army  also  to  take  in  town- 
ships. I  could  wish  the  plan  you  propose  with  respect  to 
the  impost  could  take  place,  but  it  is  so  bold  and  decided 
a  measure  that  I  fear  we  are  not  at  present  sufficiently  in 
spirits  to  adopt  it.  The  cession  of  Connecticut  has  been 
long  depending  before  a  committee  of  5,  most  of  whom 
attend  with  reluctance,  but  when  they  meet  contest  it 
with  vigor.  It  will  nevertheless  be  pushed,  if  possible,  to 
a  decision.  The  Massachusetts  cession  has  been  just 
now  accepted  which  is  no  unfavorable  circumstance. 
The  wish  is  that  we  would  cede  the  whole  of  our  right,  or 
at  least  as  far  as  New  York  and  Massachusetts  have  done, 
viz,  to  a  line  twenty  miles  west  of  the  strait  of  Niagara. 
But  I  am  of  opinion  that  if  Connecticut  proceeds  in  the 
affair  with  firmness  and  prudence,  she  may  yet  retain  the 
boundary  she  has  proposed,  but  something  must  be  de- 
termined upon  soon,  for  the  reserved  territory  will  be  in- 
cluded in  the  sale  proposed  by  Congress,  except  that 
part  of  it  reserved  by  the  Indians.  The  running  the 
Western  line  of  Pennsylvania,  which  is  to  be  done  this 
Spring,  will  give  us  clearer  and  more  determinate  ideas  of 
that  country.  The  case  of  Vermont  has  not  been  brought 
before  Congress,  owing  to  its  having  been  depending  all 
winter  before  the  Legislature  of  this  State,  under  a  gen- 
eral expectation,  which  had  taken  place,  that  they  would 
declare  them  independent  and  request  Congress  to  re- 
ceive them  into  the  Union.  It  appears  now,  within  a 
few  days,  that  it  will  not  be  done  this  session,  and  why 
Vermont  is  not  here  to  pursue  the  matter  in  Congress  I 
know  not. 

We  have  pretty  certain  intelligence  that  the  western  in- 
habitants of  Virginia,  and  of  North  Carolina,  are  erecting 


348  APPENDIX. 

themselves  into  separate  and  independent  States.  This 
renders  it  extremely  necessary  that  the  United  States 
should  take  immediate  care  of  their  Western  Territory. 
Seven  hundred  men  are  recommended  to  be  raised  for 
this  and  other  purposes.  I  wish  this  number  may  be 
sufficient.  Mr  Kirkland  has  just  now  been  with  me.  He 
appears  to  be  a  worthy  and  well  informed  man,  and  I 
sincerely  wish  he  could  be  re-established  among  the 
Indians.  I  shall  certainly  do  all  in  my  power  to  give 
facility  and  effect  to  his  application  to  Congress.  But 
the  feeble  finances  of  the  United  States  give  a  check  to 
every  liberal  and  enlarged  idea.  They  damp  the  ardor 
of  the  generous,  and  are  an  effectual  screen  for  the  il- 
liberal and  contracted.  I  do  not  despair,  however,  that 
something  may  be  done.  Col  Cook  leaves  us  to-morrow. 
I  beg  your  influence  to  send  on  some  other  gentleman  in 
the  delegation,  as  well  to  supply  his  place,  as  to  relieve 
me,  that  I  may,  about  the  middle  of  May,  attend  the 
General  Assembly,  where  I  have  business  of  importance, 
for  a  few  days  ;  after  which,  if  it  be  thought  expedient,  I 
will  without  hesitation  return  here  again,  and  am  with  the 
sincerest  esteem  and  respect,  Dear  Sir, 

Your  most  obedient  humble  servant, 

WM.  SAML.  JOHNSON. 
Superscribed  HON.  ROGER  SHERMAN,  New  Haven. 


XI. 

DESCENDANTS  OF  ROGER  SHERMAN. 

I  HAD  expected  at  one  time,  to  be  able  to  give  a  list 
of  Roger  Sherman's  descendants  as  far  as  the  third  gen- 
eration. To  have  made  this  list  complete  would  have 
delayed  too  long  the  publication  of  the  Memoir.  In  its 


APPENDIX.  349 

place  I  can  only  offer  this  hurried  sketch  of  a  few  of  those 
descendants  written  by  Senator  Hoar  just  before  he  left 
for  Europe. 

The  three  sons  of  Roger  Sherman  by  his  first  wife, 
John,  and  William  and  Isaac,  were,  as  we  have  seen,  of- 
ficers in  the  Revolutionary  Army.  Isaac  died  unmarried. 
William  left  one  daughter,  who  married  and  was  the  an- 
cestor of  many  descendants.  John,  the  oldest  son,  died 
at  Canton,  Mass.,  August  8,  1802.  He  was  the  father  of 
Rev.  John  Sherman,  who  was  the  owner  of  Trenton  Falls, 
a  very  accomplished  person  in  his  day,  of  whom  there  is 
a  charming  sketch  by  N.  P.  Willis,  in  a  little  book  called 
Trenton  Falls,  which  also  contains  an  interesting  paper 
by  Mr.  Sherman  himself. 

Chloe,  the  only  daughter  of  the  first  marriage  who 
grew  up,  married  Dr.  John  Skinner,  a  physician  in  New 
Haven,  the  grandfather  of  the  Hon.  Roger  Sherman 
Skinner,  an  eminent  mayor  of  New  Haven,  and  of  Mrs 
President  Dwight. 

Roger  Sherman,  Jr.,  the  oldest  son  of  the  second  mar- 
riage, graduated  at  Yale  in  1787.  He  preserved  his 
health  and  activity  to  a  great  age.  He  spent  his  life  and 
died  in  the  house  that  his  father  built  He  was  a  mer- 
chant in  New  Haven,  highly  esteemed  for  integrity  and 
benevolence.  He  made  Washington  a  visit  of  a  fortnight 
at  Mt.  Vernon  shortly  after  the  war  of  which  he  wrote  an 
interesting  account. 

Oliver,  the  second  son  by  the  same  marriage,  was  grad- 
uated at  Yale  in  1795.  After  graduating  he  entered  into 
mercantile  business  in  Boston  and  died  of  yellow  fever  at 
the  West  Indies  in  1820. 

Five  of  the  daughters  of  Roger  Sherman  and  Rebecca 
Prescott  lived  to  maturity.  It  is  a  proof  of  the  quality 
which  must  have  been  inherited  by  them  from  their 
parents  that  each  of  them  became  the  wife  of  a  person 


350  APPENDIX. 

strongly  resembling  their  father  in  integrity,  public  spirit, 
earnest  religious  faith,  sound  judgment  and  large  mental 
capacity.  Martha  married  Jeremiah  Day,  D.D.,  thirty 
years  President  of  Yale  College.  Rebecca  married 
Judge  Simeon  Baldwin  of  New  Haven,  a  highly  venerated 
citizen,  a  member  of  Congress  from  Connecticut  and 
Judge  of  the  Supreme  Court  of  that  State.  She  died 
leaving  three  children,  Ebenezer,  the  historian  of  Yale 
College,  Roger  Sherman,  Governor  of  Connecticut,  and 
Senator  in  Congress,  who  made  the  famous  argument  in 
the  Amistad  case  before  the  Supreme  Court  of  the  United 
States,  and  was  a  member  of  the  Peace  Congress  of  1861. 
She  also  left  a  daughter,  Rebecca. 

After  her  sister's  death  Judge  Baldwin  was  married  to 
Elizabeth  Sherman  and  left  by  her  one  son,  Simeon,  a 
merchant  in  New  York.  Judge  Simeon  Baldwin  enjoyed 
the  confidence  and  esteem  of  Mr.  Sherman  as  much  as 
any  human  being  toward  the  close  of  his  life.  There  can 
be  little  doubt  that  the  following  passage  in  an  address 
from  an  oration  delivered  by  Simeon  Baldwin,  July  4, 
1788,  the  year  of  the  adoption  of  the  Constitution  of  the 
United  States,  expresses  the  opinion  of  his  father-in-law : 
"  The  labours  of  the  patriot  and  the  friend  of  humanity 
are  not  yet  completed.  It  is  their  task  to  remove  those 
blemishes  which  have  hitherto  sullied  the  glory  of  these 
States.  We  may  feed  our  vanity  with  the  pompous  re- 
cital of  noble  achievements  —  we  may  pride  ourselves  in 
the  excellency  of  our  government  —  we  may  boast  of  the 
anticipated  glories  of  the  western  continent.  —  But  virtue 
will  mourn  that  injustice  and  ingratitude  have,  in  too 
many  instances,  had  the  countenance  of  the  law.  —  Hu- 
manity will  mourn  that  an  odious  slavery  cruel  in  itself, 
degrading  to  the  dignity  of  man,  and  shocking  to  human 
nature,  is  tolerated,  and  in  many  instances  practised  with 
barbarian  cruelty.  —  Yes,  even  in  this  land  of  boasted 


APPENDIX.  351 

freedom,  this  asylum  for  the  oppressed,  that  inhuman 
practice  has  lost  its  horrors  by  the  sanction  of  custom. 

"  To  remedy  this  evil  will  be  a  work  of  time.  God  be 
thanked  it  is  already  begun.  Most  of  the  southern  and 
middle  states  have  made  salutary  provision  by  law  for  the 
future  emancipation  of  this  unfortunate  race  of  men,  and 
it  does  honor  to  the  candor  and  philanthropy  of  the 
southern  States,  that  they  consented  to  that  liberal  clause 
in  our  new  constitution  evidently  calculated  to  abolish  a 
slavery  upon  which  they  calculated  their  riches." 

It  is  well  known  that  Mr.  Sherman's  intimate  friend 
and  pastor,  Jonathan  Edwards,  was  one  of  the  leaders  in 
the  abolition  of  slavery  in  Connecticut. 

Mehetabel  Sherman  became  the  wife  of  Jeremiah  Evarts 
and  mother  of  William  M.  Evarts  of  New  York,  Senator, 
Secretary  of  State,  and  Attorney-General  of  the  United 
States,  the  famous  advocate  who  argued  and  won  three 
of  the  greatest  causes  ever  decided  by  the  forms  of  a 
judicial  trial, — the  trial  of  a  President  of  the  United 
States  on  impeachment,  —  the  trial  before  the  Electoral 
Commission  of  the  title  to  the  office  of  President,  —  and 
the  case  of  the  United  States  against  England  before  the 
Arbitration  Tribunal  at  Geneva.  Mr.  Evarts  was  also 
counsel  for  Henry  Ward  Beecher,  the  celebrated  pulpit 
orator,  in  the  famous  case  of  Tilton  against  Beecher. 
The  father,  Jeremiah  Evarts,  was  one  of  the  founders, 
and  was  the  chief  organizer  and  first  treasurer,  and  after- 
wards secretary  of  the  American  Board  of  Commissioners 
for  Foreign  Missions.  He  was  one  of  the  twelve  men 
who  met  in  Samuel  Dexter's  office  in  Boston  in  1812,  and 
initiated  the  great  temperance  reform.  He  died  May  10, 
1831,  while  engaged  in  the  vain  effort  to  prevent  the 
outrage  of  the  removal  of  the  Cherokees  from  Georgia.1 

1  The  first  husband  of  Mehetabel  Sherman  was  Daniel  Barnes, 
a  West  India  merchant,  by  whom  she  had  one  son,  Daniel  Barnes 
of  New  York. 


352  APPENDIX. 

The  youngest  daughter  Sarah  was  the  wife  of  Samuel 
Hoar  of  Concord,  Mass.,  an  eminent  advocate,  highly 
esteemed  for  his  integrity  and  ability.  His  mission  to 
South  Carolina  for  the  purpose  of  arguing  the  constitu- 
tionality of  the  laws  of  that  State  under  which  colored 
seamen  were  imprisoned,  and  his  expulsion  from  that 
city  in  1844,  were  among  the  causes  which  led  to  the 
state  of  public  feeling  which  resulted  in  the  Rebellion 
and  the  overthrow  of  slavery  in  the  United  States.  Ralph 
Waldo  Emerson  has  drawn  his  portrait,  faithful  and  noble 
as  a  picture  by  Van  Dyke.  He  was  a  member  of  the 
Convention  of  1820  for  revising  the  Massachusetts  Con- 
stitution. When  he  first  rose  to  speak  in  that  body,  John 
Adams  said,  "That  young  man  reminds  me  of  my  old 
friend  Roger  Sherman." 


INDEX. 


ADAMS,  JOHN,  first  interview  with 
R.  Sherman,  64 ;  records  Sher- 
man's speech  on  Rights  of  the 
Colonies,  64 ;  letter  to  James 
Warren,  thinks  revolution  far  off. 
8 1 ;  resolution  as  to  trade  laws 
in  the  declaration  of  rights  in 
1774;  duties  of  Board  of  \Var. 
96 ;  Sherman's  plan  of  voting  by 
States  and  by  individuals,  96; 
letter  to  R.  Sherman  on  receiving 
freedom  of  city  of  New  Haven, 
205  ;  Sherman's  awkwardness, 
289-290 ;  correspondence  with  R. 
Sherman  on  the  Constitution,  311  ; 
opinion  of  Sherman,  290-291. 

Adams,  Samuel,  letter  of  R.  Sher- 
man to,  on  finances,  104  ;  consti- 
tution, 1 66  ;  friendship  for  Sher- 
man, 288. 

Albany,  convention  at,  38. 

Amendments  to  Constitution,  Sher- 
man's paper  on,  177  ;  Sherman's 
speeches  on,  207-216. 

American  cruisers,  effect  of,  on  Eng- 
lish commerce,  100. 

Ames,  Fisher,  opinion  of  R.  Sher- 
man, 290. 

Ancestry  of  R.  Sherman,  13-17. 

Annapolis  convention,  129. 

Arnold,  Benedict,  arrested  for  riot 
on  warrant  issued  by  R.  Sherman, 
44  ;  distrusted  by  Sherman,  271. 

Articles  of  Confederation,  reported 
and  debated,  96  ;  defects  of,  127- 
128. 

Association  of  1774,  85. 


BALDWIN,  ABRAHAM,  145 ;  vote  of 
Georgia  divided  by,  147. 

Baldwin,  R.  S.,  letter  on  authors  of 
life  of  R.  Sherman  in  Sanderson's 
Lives,  7. 

Baldwin,  Simeon,  letter  of  R.  Sher- 
man to,  on  death  of  William,  223  ; 
letter  of  R.  Sherman  to.  on  appli- 
cations for  office,  223 ;  recom- 
mended by  R.  Sherman  as  clerk 
of  U.  S.  District  Court,  226 ;  let- 
ter of  R.  Sherman  to,  on  troubles 
in  White  Haven  church,  269 ; 
views  on  slavery,  348. 

Bancroft,  George,  estimate  of  R. 
Sherman,  302 ;  opinion  of  corre- 
spondence between  R.  Sherman 
and  John  Adams,  328. 

Bartlett,  Josiah.  letter  of  R.  Sher- 
man to,  on  Vermont  troubles,  332. 

Bedford,  Gunning,  of  Delaware,  146. 

Bills  of  credit,  28,  33,  162. 

Boudinot,  Elias,  217,218. 

Burke,  Edmund,  advocates  repeal  of 
stamp  tax,  55. 

Butler,  Zebulun,  letters  tc  and  from, 
on  Wyoming,  93,  339-342. 


CABINET  GOVERNMENT,  Sherman's 
plan  for  executive  resembles.  1 56. 

Calhoun,  John  C.,  opinion  of  Sher- 
man, Ellsworth,  and  Patterson, 
165. 

Caveat  against  injustice,  28. 

Congress.  See  Continental  Con- 
gress and  United  States  Congress. 


23 


354 


INDEX. 


Connecticut  Journal,  obituary  notice 
of  R.  Sherman,  285-286. 

Constitutional  Convention  of  1787, 
127-165  ;  defects  of  Articles  of 
Confederation,  127 ;  Annapolis 
Convention,  129;  members  of  the 
Constitutional  Convention,  130  ; 
propositions  for  amendment  pre- 
pared by  R.  Sherman,  132  ;  Con- 
vention divided  between  National- 
ists and  Confederates,  135  ;  de- 
bates divided  into  three  periods, 
135  ;  National  plan  of  Randolph, 
136;  Confederate  plan  of  Patter- 
son, 136 ;  leaders  in  convention, 
137;  controversy  over  rule  of 
suffrage  in  the  National  Legisla- 
ture, 137-153  ;  R.  Sherman  pro- 
poses the  compromise  plan,  June 
11, 138  ;  Sherman  favors  single  leg- 
islative house,  but  will  vote  for  two 
houses,  if  the  States  have  equal 
representation  in  one  of  them,  140 ; 
compromise  plan  adopted  July  16, 
143 ;  account  of  the  controversy 
over,  143-153;  the  Nationalist 
majority  was  broken  July  2  by 
Abraham  Baldwin,  by  whose  ac- 
tion the  vote  of  Georgia  was 
divided,  147 ;  committee  on  com- 
promise plan,  147  ;  reflections  on 
this  question  of  representation, 
154-155  ;  Sherman's  action  on 
other  questions,  156-162 ;  Sher- 
man's plan  for  executive  similar 
to  Cabinet  Government  in  Eng- 
land, 156;  slavery,  160 ;  hos- 
tility of  some  to  new  States, 
161 ;  Sherman  speaks  in  their 
favor,  161  ;  Sherman  opposes 
granting  power  to  States  to  is- 
sue bills  of  credit,  162 ;  errors 
of  the  ablest  men  in  the  Con- 
vention, 163  ;  closing  scenes,  164 ; 
Jphn  C.  Calhoun's  opinion  of 
Sherman,  Ellsworth,  and  Patter- 
son, 165. 

Constitution  adopted,  166-181 ;  ac- 
tion of  different  States,  166 ; 
action  of  Connecticut,  167 ;  letter 


of  Ellsworth  and  Sherman  to 
Governor  Huntington,  168;  ar- 
ticles by  Sherman,  170-181. 
|  Continental  Congress,  acts  leading 
to,  82;  assembles  Sept.  5,  1774, 
82 ;  Dyer,  Sherman,  and  Deane 
delegates  from  Connecticut,  83 ; 
objects  of,  83  ;  manner  of  voting, 
83  ;  petition  to  the  King,  83  ;  dec- 
laration of  rights,  84  ;  non-impor- 
tation agreement,  84  ;  Congress 
dissolved  Oct.  26, 1774,  85  ;  second 
Congress  May  10,  1775.  85  ;  same 
delegates  from  Connecticut,  85 ; 
Washington  chosen  General,  85  ; 
second  petition  to  the  King,  85  ; 
army  besieging  Boston  adopted, 
85  ;  treatment  by  the  King  of 
second  petition,  89 ;  States  ad- 
vised to  establish  governments, 
89  ;  Wyoming  troubles,  93 ;  com- 
mittee to  draft  Declaration  of  In- 
dependence, 95  ;  committee  to 
prepare  Articles  of  Confederation, 

95  ;  board  of  war  created,  95  ;  de- 
bate on  Articles  of  Confederation, 

96  ;  difference  of  opinion  on  man- 
ner of  voting,  96;  currency  prob- 
lems, 98  ;  Vermont  troubles,  102  ; 
news  of  surrender  of   Burgoyne, 
105  ;   recommends   convention  of 
States   to    regulate    prices,    105  ; 
recommends   States   to    suppress 
theatres,     horse-racing,    gaming, 
etc.,  108  ;   no  actor  to  hold  office, 
108  ;  surrender  of  Lord  Cornwal- 
lis,  114;  ratification  of  treaty  of 
peace.  118  ;   efforts  to  obtain  con- 
sent of  States  to  import  duty,  118. 

121. 

Copper  coin  of  Connecticut,  Sherman 

inspector  of,  1 24. 
Cornwallis,      Lord,     surrender    of, 

114. 
Council  of   Safety   of  Connecticut, 

Sherman  a  member  of,  124. 
Court-martial,  letter  of  Sherman  on, 

101. 

Currency,  98,  111-113. 
Gushing,  Thomas,  59, 190. 


INDEX. 


355 


DEANE,  SILAS,  83,  85,  337. 
Dedham,    England,    home    of    the 

Shermans,  13. 
Descendants    of    Roger    Sherman, 

34S-352. 

Dickinson,  John,  unfounded  claim 
for  him,  9 ;  letters  from  a  farmer, 
57  ;  reports  articles  of  Confedera- 
tion, 96 ;  letter  to  R.  Sherman, 
117;  in  Constitutional  Conven- 
tion, 130,  137,  138. 

Dunbar,  Rev.  Samuel,  19,  40. 

Dwight,  Dr.  Timothy,  estimate  of 
R.  Sherman,  292,  293. 

Dyer,  Eliphalet,  83,  84,  85,  337. 

EDWARDS,  REV.  JONATHAN,  pas- 
tor of  White  Haven  Church,  42  ; 
letter  to  Sherman  urging  accept- 
ance of  mayoralty  of  New  Haven, 
43  ;  opinion  of  Sherman's  char- 
acter and  services,  280,  292,  299  ; 
description  of  his  person,  304. 

Edwards,  Pierpont,  201,  204. 

Ellsworth,  Oliver,  130,  131.  137,  140, 

145,  146,  148,  151,  160,  163,  165, 
167-168,  290. 

Evarts,  Jeremiah,  7,  349. 
Evarts,  Wm.  M.,   14,  47,  227,  255, 
294,  349-  m 

FLOYD,  GEN.  WILLIAM,  letter  of 
R.  Sherman  to.  on  Constitution, 
167. 

Franklin,  Benjamin,  130,  137,  143, 

146,  148,  251. 

'•  GASPEE,"  destruction  of  the,  69. 
Gerry,  Elbridge,  149,  150,  161,164, 

210. 
Goodrich,    L.     G.,    description    of 

Roger  Minott  Sherman,  256. 

HALF-PAY  of  army  officers,  letter  in 
reference  to,  329. 

Hall,Gov.  Lyman,  letter  of  R.  Sher- 
man to,  on  ratification  of  treaty  of 
peace,  118  ;  letter  to  R.  Sherman, 
June  10,  1789,  on  the  state  of  the 
country,  etc.,  205. 


Hamilton,  Alexander,  127,  129,  130, 
137,  164,  166. 

Hamilton,  J.  C.,  estimate  of  R. 
Sherman,  300. 

Hartwell,  Elizabeth,  married  to  R. 
Sherman,  Nov.  17,  1749,  4°> 
children,  40;  died  Oct.  19,  1760, 
40. 

Henry,  Patrick,  opposes  Constitu- 
tion, 166;  opinion  of  R.  Sher- 
man, 290. 

Hoar,  George  F.,  8,  28,  253,  307, 
346. 

Hoar,  Samuel,  350. 

Hopkins,  Rev.  Samuel,  letter  to  R. 
Sherman  on  slavery,  97;  corre- 
spondence with  R.  Sherman  on 
disinterested  submission,  275  ;  Dr. 
E.  A.  Park  on,  277. 

Huntington,  Benj.,  letter  to  R. 
Sherman  on  his  election  as  mayor, 
etc.,  120. 

Huntington,  Gov.  Samuel,  letter 
from  Sherman  and  Ellsworth  on 
the  Constitution,  Sept.  26,  1787, 
168;  letter  from  Sherman  Jan.  7, 
1789,  191  ;  letter  from  Sherman 
Sept.  17,  1789,  on  work  of  the 
session,  219;  letter  from  Sherman 
on  slavery,  252  ;  letter  from  Sher- 
man Jan.  3,  1 791,  on  Congressional 
matters,  257  ;  letter  from  Sherman 
Nov.  21,  1791,  on  Congressional 
matters,  263 ;  letter  from  Sher- 
man, May  8,  1792,  on  the  work  of 
the  session,  266. 

IMPOST  LAWS,  Sherman's  speeches 
on,  193-198. 

Ingersoll,  Jared,  selected  to  assist 
agent  of  Connecticut  in  opposing 
the  stamp  tax,  49 ;  accepts  office 
of  stamp  commissioner,  51 ;  forced 
to  resign,  5 1 ;  opinion  of  R.  Sher- 
man, 293. 

JEFFERSON,  THOMAS,  opinion  of 
rights  of  Colonies,  63 ;  writer  of 
Declaration  of  Independence,  95  ; 


356 


INDEX. 


letter  from  Sherman  introducing 
him  to  Dr.  Stiles,  126  ;  opinion  of 
R.  Sherman,  291  ;  letter  to  R.  S. 
Baldwin,  on  R.  Sherman,  291. 
Johnson,  Wm.  Samuel,  unfounded 
claim  for  him,  9 ;  sketch  of  him, 
130;  positions  held  by  him.  131  ; 
member  of  Constitutional  Con- 
vention, 130;  services  there,  131, 
140,  144,  162  ;  advocates  adoption 
of  the  Constitution,  167 ;  letter  to 
Sherman,  345. 

KING,  RUFUS,  151. 

LANSING,  JOHN,  137,  140. 

Law,  Richard,  on  committee  with 
R.  Sherman  to  revise  laws  of 
Connecticut,  114;  letter  from 
Sherman  on  this  subject,  115; 
letter  from  R.  Sherman,  Oct.  3, 
1789,  225. 

Lee,  Richard  Henry,  letter  to  R. 
Sherman,  124;  opposes  Constitu- 
tion, 1 66. 

Lottery,  attempts  to  raise  money  by, 
99- 

MACON,  NATHANIEL,  opinion  of 
R.  Sherman,  291. 

Madison,  James,  in  the  Constitu- 
tional Convention,  137,  143,  145, 
148, 151,  155, 160,  161, 164;  repre- 
sentative in  Congress,  193,  198, 
207,  208,  215,  251  ;  memorandum 
on  national  bank,  259. 

Martin,  Luther,  137,  140,  151,  156. 

Mason,  George,  unfounded  claim  for 
him,  9  ;  in  Constitutional  Conven- 
tion, 143,  144, 160, 161  ;  refuses  to 
sign  Constitution,  164;  Patrick 
Henry's  opinion  of,  289. 

Mason  Jeremiah,  description  of  R. 
Sherman.  305-307. 

Mitchell,  Justus,  273. 

Morris,  Gouverneur,  in  Constitu- 
tional Convention,  137,  151,  160, 
161,  164;  Sherman  opposes  his 


confirmation      as      Minister      to 
France,  271. 

Morris.  Robert,  report  of  committee 
on  his  accounts,  334. 

NATIONAL  BANK,  Sherman  and 
Madison  on,  259. 

New  Hampshire,  threatened  seces- 
sion from,  109. 

New  Haven,  life  of  R.  Sherman  in, ' 
41—48  ;  R.  Sherman  mayor  of,  42  ; 
Washington's  visit  to,  226. 

New  Haven  Convention,  to  regulate 
prices,  105. 

New  Milford,  life  of  R.  Sherman  in, 
24-40. 

New  York  Convention,  on  Stamp 
Act,  50. 

Northwestern  territory,  land  of  Con- 
necticut in,  authorized  to  be  con- 
veyed to  the  United  States  on 
certain  conditions,  117. 

OLMSTED,  PROF.  DENISON,  ac- 
count of  death  of  R.  Sherman, 
281. 

Otis,  James,  pamphlet  on  Rights  of 
the  Colonies,  50. 

PAINE,  ELIS^V,  letter  of  R.  Sher- 
man to,  on  secession  from  New 
Hampshire,  109. 

Park.  Dr.  Edwards  A.,  on  Hopkin- 
sianism,  277. 

Parker,  Jonathan,  200-201,  251. 

Patterson,  William,  136,  137,  138, 
165. 

Pendleton,  Edmund,  86. 

Pinckney,  C.,  147,  150. 

Pinckney,  Gen.  C.  C.,  proposes 
committee  of  eleven,  147. 

Pitt,  William,  55,  56. 

Prescott,  Rebecca,  first  meeting  with 
R.  Sherman,  46;  married,  44; 
children,  45  ;  unites  with  the  White 
Haven  Church,  47  ;  dines  at  Gen- 
eral Washington's,  48  ;  character, 
45,47;  ancestors,  45. 

Public  credit,  Sherman's  speeches 
on,  229-234. 


INDEX. 


357 


RANDOLPH,  EDMUND,  proposes 
plan  of  Constitution,  136 ;  si  f- 
frage,  147;  refuses  to  sign,  164. 

Randolph,  John, opinion  of  R.Sher- 
man, 303. 

Revision  of  laws  of  Connecticut, 
114-117. 

Rockingham  Ministry  repeals  Stamp 
Act,  55  ;  defeat  of,  56. 

Rosebery,  Earl  of,  of  Sherman  de- 
scent, 14. 

SANDERSON'S  lives  of  the  signers  of 
the  Declaration  of  Independence, 
authors  of  Life  of  Roger  Sherman 
in,  7. 

Scott,  General  Winfield,  opinion  of 
R.  Sherman,  296. 

Sedgwick,  Theodore,  opinion  of  R. 
Sherman,  295. 

Senate,  263-267. 

Sherman,  Chloe,  daughter  of  Roger, 
married  to  Dr.  John  Skinner,  347. 

Sherman,  Edmond,  founder  of  Sher- 
man Hall,  Dedham,  England,  14. 

Sherman,  Elizabeth,  daughter  of 
Roger,  letter  to  father  on  death 
of  William,  221  ;  married  Simeon 
Baldwin,  348. 

Sherman,  Isaac,  sketch  of,  90  ;  letter 
to  R.  Sherman,  91  ;  Washington 
recommends  him  for  promotion, 
337  ;  bravery  at  Stony  Point  com- 
mended by  General  Wayne,  338. 

Sherman,  John,  eldest  son  of  Roger, 
40.  347. 

Sherman,  Rev.  John,  15. 

Sherman,  Capt.  John,  15. 

Sherman,  John,  U.  S.  Senator,  15. 

Sherman,  Josiah,  brother  of  Roger, 

17,  44,  253. 
Sherman,  Joseph.  16. 
Sherman,      Martha,      daughter      of 

Roger,  marries  Pres.   Day,  348. 
Sherman,    Mehetabel.   daughter    of 

Roger,  anecdote  of  opening  door 

for     General    Washington,    227 ; 

marriage,  349. 
Sherman,     Nathaniel,     brother     of 

Roger,  17,  23. 


Sherman,  Oliver,  son  of  Roger,  7, 

45,  347- 

Sherman,  Rebecca,  daughter  of 
Roger,  married  Simeon  Baldwin, 

348. 

Sherman,  Roger,  papers  left  at  his 
death,  7 ;  papers  collected  by 
G.  F.  Hoar,  8 ;  born  in  Newton, 
Mass.,  April  19,  1721,  O.  S.  18; 
father  a  shoe-maker,  16 ;  moved 
to  Stoughton  in  1723,  18;  edu- 
cated in  common  schools,  19 ; 
learned  the  shoe-maker's  trade 
from  his  father,  19;  death  of 
father,  21 ;  settled  his  father's 
estate,  21 ;  united  with  the  church 
in  Stoughton,  March  14,  1742, 
22  ;  revisits  Stoughton,  23  ;  moved 
to  New  Milford,  June,  1743,  24  5 
life  in  New  Milford,  24-40;  sur- 
veyor in  1745,  24  ;  buyer  of  land, 
25  ;  town  officer,  26  ;  transferred 
to  church  in  New  Milford,  26 ; 
deacon,  etc.,  27  ;  toll-bridge,  27  ; 
inoculation,  27 ;  opens  country 
store  with  his  brother  William, 
27 ;  publishes  caveat  against  in- 
justice, 28:  Almanacs,  31-34; 
advised  to  study  law,  35 ;  ad- 
mitted to  the  bar,  1754,  36  ;  Jus- 
tice of  the  Peace  and  of  the  Quo- 
rum, 36 ;  tries  complaint  for  not 
attending  public  worship,  36 ; 
seat  in  meeting-house,  37  ;  repre- 
sentative, 1755,  and  1758-1761, 
37 ;  labors  in  legislature,  38-39 ; 
agreement  to  settle  a  township 
near  Fort  Edward,  N.  Y.,  39 ; 
marries  Elizabeth  Hartwell,  NOY. 
17,  1749,  40;  children,  40;  death 
of  wife  Oct.  19,  1760,  40;  moves 
to  New  Haven  June  30,  1761,  41 ; 
engages  in  trade,  41  ;  contributes 
to  fund  for  College  Chapel,  42  ; 
receives  honorary  degree  of  A.M. 
from  Yale.  42 ;  treasurer  of  Yale 
College,  42 ;  joins  White  Haven 
Church,  42 ;  Mayor  of  New 
Haven,  42  ;  Representative,  1 764- 
1766,  43;  Assistant,  May,  1766, 


358 


INDEX. 


and  for  nineteen  years,  43 ;  J  us- 
tice  of  the  Peace  and  Quorum, 
1765,  44;  Judge  of  the  Superior 
Court,  May,  1766,  and  for  twenty- 
three  years,  44  ;  complaint  against 
Benedict  Arnold  and  others  for 
riot,  44 ;  married  for  second  wife 
Rebecca  Prescott,  May  12,  1763, 
44 ;  children,  45  ;  first  meeting 
with  Rebecca  Prescott,  46  ;  letter 
to  his  wife  on  her  birthday,  47  ; 
instructions  of  New  Haven  as  to 
Stamp  Act,  51  ;  letter  on  Sons 
of  Liberty,  52 ;  on  committee  to 
assist  Governor  in  preparing  ad- 
dress of  thanks  on  repeal  of  Stamp 
Act,  56  ;  on  committee  to  enforce 
non-importation  agreement,  57; 
letter  of  that  committee,  58 ;  let- 
ter from  Thomas  Gushing  on 
Rights  of  Colonies,  59 ;  reply  to 
Gushing,  claiming  independence 
of  Parliament,  61  ;  statement  of 
Rights  of  Colonies  to  John 
Adams,  64;  speech  on  same  in 
Congress,  Sept.  8,  1774,  64;  'et~ 
ter  on  Episcopal  Bishop  for 
America,  65  ;  articles  on  Wyom- 
ing, 70-80 ;  delegate  in  Congress 
of  1774,  83  ;  delegate  in  Congress 
of  1775,  85  ;  favored  a  New  Eng- 
land general  "for  the  army  about 
Boston,  86 ;  letter  to  David  Woos- 
ter  on  his  appointment  as  Briga- 
dier-General, 86 ;  reply  of  General 
Wooster,  88 ;  committees  on  which 
Sherman  served  in  1775,  89  ; 
sketch  of  his  son  Isaac  Sherman, 
90  ;  letter  from  Isaac  to  his  father 
from  Brookline  Fort,  91  ;  letter 
to  Z.  Butler  about  Wyoming,  93  ; 
committees  on  which  Sherman 
served  in  1776,  95;  Sherman's 
speech  on  method  of  voting  in 
Articles  of  Confederation  antici- 
pates the  compromise  provision  of 
the  Constitution,  96 ;  letter  from 
Samuel  Hopkins  on  slavery,  etc., 
97  ;  letter  to  Governor  Trumbull 
on  the  currency,  98 ;  on  lottery, 


99 ;  need  of  rest,  99 ;  letter  on 
American  cruisers,  100;  letter 
on  court-martial,  101  ;  Vermont 
trouble,  102  ;  Springfield  Conven- 
tion on  currency,  102 ;  letter  to  Wil- 
liam Williams  on  same,  104;  let- 
ter to  Samuel  Adams  on  finances, 
104;  committees  on  which  Sher- 
man served  in  1777,  105 ;  pro- 
poses pair  of  spurs  for  General 
Wilkinson,  105  ;  New  Haven 
Convention  for  regulating  prices, 

105  ;    letter   to   Governor   Trum- 
bull, Aug.  1 8,  1778,  on  currency, 

106  ;  letter  to  same,  Oct.  15, 1778, 
on  finances,   107;  committees  on 
which   Sherman   served  in    1778, 
108 ;    letter    on    secession    from 
State  of   New   Hampshire,    109 ; 
committees    on    which    Sherman 
served  in    1779  and    1780,    no; 
letters    on    finance    to    Governor 
Trumbull,  111-113;  letter  to  same 
on  surrender  of  Lord  Cornwallis, 
114;  eight  years  in  Congress,  114  ; 
on   committee   to   revise  laws  of 
Connecticut,    114;    letter   to   Mr. 
Law   on   the  subject,  115;   letter 
from  John  Dickinson,  117;  author- 
ized with   James   Wadsworth   to 
convey  to  United  States  land  in 
the  northwest,  117  ;  letter  to  Gov- 
ernor Hall  on  ratification  of  treaty 
of   peace,   118;   letter  from   Ben- 
jamin    Huntington    on    Revised 
Laws,  and  election  of  Mayor,  120 ; 
letter  to  William  Williams  on  im- 
post  duty  etc.,   121  ;   member   of 
Connecticut    Council    of    Safety. 
124  ;  inspector  of  copper  coin  of 
Connecticut,     124;     letter    from 
R.   H.   Lee,  124;    letter  to   Dr. 
Stiles,  introducing  Thomas  Jeffer- 
son,  126;  member  of  the  Consti- 
tutional Convention  of  1787,  130  ; 
see    that    title    for    services    in  ; 
labors    for    the   adoption   of    the 
Constitution,    167-177  ;   speeches 
in  Connecticut  Convention,   167  ; 
letter  to  General  Floyd  on  same, 


INDEX. 


359 


167;  letter  of  Sherman  and  Ells- 
worth to  Governor  Huntington, 
1 68  ;  articles  and  letters  on  same, 
170-181;  judge  of  the  Superior 
Court,  182-190;  services  in  Con- 
gress from  1789  to  1793,  191-267; 
letter  to  Governor  Huntington  on 
receiving  notification  of  his  elec- 
tion as  Representative  in  Con- 
gress, 191 ;  speeches  on  impost 
law,  193-198  ;  speeches  on  ton- 
nage duties,  198-200;  speeches  on 
slave  trade,  200-201  ;  letter  to 
Pierpont  Edwards  on  the  arrival 
of  the  Vice  President,  etc.,  201; 
letter  to  Oliver  Wolcott,  May  14, 
1 789,  on  proceedings  in  Congress, 
202 ;  letter  of  Pierpont  Edwards 
to  John  Adams,  and  letter  of 
John  Adams  to  R.  Sherman, 
when  the  freedom  of  the  City  of 
New  Haven  was  conferred  on  Mr. 
Adams,  204-205 ;  letter  from  Gov- 
ernor Hall,  June  10,  1789,  on  the 
state  of  the  country,  etc,  205 ; 
speeches  on  amendments  to  the 
constitution,  207-216 ;  speech  on 
the  Treasury  Department,  217 ;  re- 
marks on  Thanksgiving,  217  ;  let- 
ter to  Governor  Huntington,  219; 
letter  from  his  daughter  Elizabeth 
on  the  death  of  his  son  William, 
221 ;  letter  to  Simeon  Baldwin 
on  same,  223  ;  letter  to  Simeon 
Baldwin  on  methods  of  applying 
for  office,  223 ;  letter  to  his  wife 
July  23,  1789,  224;  letter  to  R. 
Law,  Oct.  3,  1789,  225;  Wash- 
ington's visit  to  New  Haven,  Oct. 
1789,  226;  took  tea  at  Mr.  Sher- 
man's, 227  ;  anecdote  of  Meheta- 
bel  opening  door  for  him,  227; 
speech  on  western  lands,  228 ; 
speeches  on  public  credit,  229- 
234 ;  speeches  on  State  Debts, 
234-250 ;  speeches  on  the  slave 
trade,  250-252;  letter  to  Governor 
Huntington  on  slavery,  252  ;  death 
of  Mr.  Sherman's  brother  Josiah, 
253;  letter  to  R.  M.  Sherman,  253; 


letter  to  Governor  Huntington, 
Jan.  3,  1791,  on  matters  pending 
before  Congress,  257;  memoran- 
dum written  by  R.  Sherman  and 
James  Madison  on  National  Bank, 
259 ;  letter  to  William  Williams, 
Feb.  n,  1791,  260;  elected  to 
U.  S.  Senate  in  place  of  W.  S. 
Johnson  resigned,  263 ;  letter  to 
Governor  Huntington,  Nov.  21, 

1791,  263;  letter  to  same  May  S, 

1792,  on  the  work  of  the  session, 
266;  religious  opinions,  268-280; 
faithful    performance    of    duty   a 
marked  characteristic,  268;  letter 
to  Simeon  Baldwin  on  troubles  in 
White  Haven   church,    269;   dis- 
liked men  who   boasted  of  their 
impiety,  270;   opposed  confirma- 
tion of  G.  Morris  as  minister  to 
France    on     this    ground,    271  ; 
fondness  for   the  metaphysics  of 
theology,  271  ;  confession  of  faith, 
272;    letter   to  Justus    Mitchell, 
Feb.  8,  1790,  on  moral  and  natu- 
ral inability,  and  moral  good  and 
evil,  273 ;  sermon  on  preparation 
for  the  communion,  274 ;  letter  to 
Dr.  H.  Williams,  Dec.  17,  1791, 
on    Richard    Baxter's    views    on 
infant  baptism,  274  ;   correspond- 
ence  with    Dr.  Samuel    Hopkins 
on  disinterested  submission,  275  ; 
letter  of  Dr.  Edwards  A.  Park  on 
this  subject,  277;  correspondence 
between    R.    Sherman     and    Dr. 
TVitherspoon  on  divorce,  277  ;  Dr. 
Edwards  on  Sherman   as  a  theo- 
logian, 280  ;  last  days  and  funeral, 
accounts   by   Professor    Olmsted. 
Josiah    Stebbins,   Dr.    Stiles,  and 
Connecticut     Journal,     281-286  ; 
length   and  variety  of   his  public 
services,  288;  rank  in  the  Conti- 
nental  Congress,  289;   friendship 
with  leading  men  north  and  south, 
289;    an   influential   debater,   yet 
no  orator,   289 ;    awkward,   John 
Adams's  description,  289 ;  admired 
by  orators,  290 ;   Patrick  Henry, 


INDEX. 


290 ;  John  Adams,  290-291  ;  | 
Fisher  Ames,  291 ;  tributes  of 
Jefferson,  Macon,  Dr.  Edwards, 
Dr.  Dwight,  292  ;  letter  of  Jeffer- 
son, 292  ;  President  Dwight:s  arti- 
cle, 293  ;  Jared  Ingersoll's  opin- 
ion. 294 ;  Theodore  Sedgwick's 
opinion,  295 ;  General  Scott's, 
296 ;  qualities  which  secured  his 
success  were  good  sense,  justice, 
self-control,  297;  attributed  his 
self-control  to  Dr.  Watts's  treatise 
on  the  subject,  298 ;  anecdotes  of 
self-control,  298-299;  not  ashamed 
of  former  occupation,  nor  proud 
of  present  honors,  299 ;  Dr. 
Edwards's  estimate  of  his  political 
services,  299 ;  his  fairness  and 
openness  of  mind,  300;  John  C. 
Hamilton's  estimate,  300 ;  Jared 
Sparks's  estimate,  301  ;  Bancroft's 
estimate,  302 ;  sayings  of  Sher- 
man, 303;  appearance,  304;  re- 
served and  bashful,  305  ;  Jeremiah 
Mason's  account  of  him,  305 ; 
kindness  to  relatives,  307 ;  dis- 
liked pretension,  307  ;  no  ear  for 
music,  307 ;  kindness  to  neigh- 
bors, 308 ;  character,  308-309 
correspondence  with  John  Adams 
on  the  Constitution,  311-328; 
Bancroft's  opinion  of  same,  328  ; 
letter  on  half-pay,  329 ;  letter  to 
J.  Bartlett  on  Vermont,  332  ;  re- 
port on  Robert  Morris's  accounts, 
334;  R.  Sherman's  claims  against 
Connecticut,  336 ;  Wyoming  Rt- 
ters,  339-342 ;  General  Wooster 
to  R.  Sherman,  Feb.  n,  1776, 
343;  VV.  S.  Johnson  to  R.  Sher- 
man, 345;  descendants  of  R. 
Sherman,  348-352. 

Sherman,  Roger,  Jr.,  347. 

Sherman,  Roger  Minott,  letter  of 
R.  Sherman  to,  253  ;  sketch  of, 
253-257. 

Sherman,  William,  father  of  Roger, 
16,  18,  21. 

Sherman.  William,  brother  of  Roger, 
17,24,25,27. 


Sherman,    William,   son  of   Roger, 

40,41,221,347. 
Sherman,     General     William     T., 

'5- 

Skinner,  Dr.  John,  -547. 

Slavery,  85,  96,  145,  160,  200,  250, 
25^,  348. 

Smith,  Jeremiah,  on  R.  Sherman's 
conversation,  304. 

Sons  of  Liberty,  50-55. 

Sparks,  Jared,  estimate  of  R.  Sher- 
man and  of  correspondence  with 
J.  Adams,  301-302.' 

Springfield  Convention,  on  currency, 
102. 

Stamp  Act,  49-69. 

State  Debts,  Sherman's  speeches  on 
assumption  of,  234-250. 

Stebbins,  Josiah,  letters  on  death 
and  funeral  of  R.  Sherman, 
282-283. 

Stiles,  Dr.  Ezra,  letter  from  R. 
Sherman,  introducing  T.  Jeffer- 
son, 126;  estimate  of  Mr.  Sher- 
man's business  ability,  41  ;  account 
of  death  and  funeral,  283-285; 
estimate  of  character  and  services, 
283-284. 

Stoughton,  Life  of  R.  Sherman  in, 
18-23. 

Superior  Court,  services  of  R.  Sher- 
man in,  182-190. 

TEA,  destruction  of,  in  Boston,  69. 

Tomb  of  R.  Sherman,  inscription 
on,  286-287. 

Tonnage  duties,  speeches  of  Sher- 
man on,  198-200. 

Townshend,  Charles,  revenue  act  of, 
56. 

Thanksgiving,  National,  remarks  of 
Sherman  on,  217. 

Trumbull,  Benjamin,  106. 

Trumbull,  Governor  Jonathan,  cur- 
rency, 98,  107,  111-113;  York- 
town,  114. 

UNITED  STATES  CONGRESS,  Sher- 
man'sservices  ^,191-267;  speeches 
on  impost,  193-198;  tonnage,  198- 


INDEX. 


361 


200 ;  slave  trade,  200 ;  western 
territory,  228;  public  credit  and 
state  debts,  229-250 ;  slave  trade, 
250-252 ;  amendments  to  consti- 
tution, 206-216. 

VERMONT,  102,  305,  332,  345. 

WADSWORTH,  James,  117. 

Washington,  General  George,  48, 
85,  129,  226-227,  337. 

Western  lands,  settlement  of,  Sher- 
man's speech  on,  228. 

Whipple,  E.  P.,  on  use  of  word 
"respectable,"  293. 

Wilkinson,  General  James,  messen- 


ger to  inform  Congress  of  Bur- 
goyne's  surrender,  105. 

Williams,  William,  104.  121,  260. 

Williams,  Dr.  H.,  letter  from  R. 
Sherman  on  infant  baptism,  274. 

Wilson,  James,  137,  138,  140,  143, 
146,  150,  151,  162. 

Witherspoon,  Dr.  John,  letter  to 
and  from  R.  Sherman  on  divorce, 
277-280. 

Wolcott,  Oliver,  202. 

Wooster,  General  David,  corre- 
spondence with  R.  Sherman  on  his 
appointment  as  brigadier-general, 
86-89;  letter  to  R.  Sherman  from 
Montreal,  343. 

Wyoming,  70-80,  93,  339-342. 


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